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Hudson v. Housing Authority of Portland

United States District Court, D. Oregon

May 5, 2017

FRANK HUDSON, an individual, and all others similarly situated, Plaintiffs,
v.
HOUSING AUTHORITY OF PORTLAND, a public, municipal corporation, dba HOME FORWARD; HOME FORWARD BOARD OF COMMISSIONERS; MICHAEL BUONOCORE, Home Forward Executive Director, in his official and personal capacity; JIM SMITH, Chair, Home Forward Board of Commissioners, in his official and personal capacity; and RACHAEL RUSSELL, Human Resources Supervisor, in her official and personal capacity, Defendants.

          FRANK E. HUDSON Hudsonlaw, LLC Plaintiff, Pro Se

          JEFFERY J. MATTHEWS JONATHAN M. HOOD Harrang Long Gary Rudnick, PC Attorneys for Defendants

          OPINION AND ORDER

          Anna J. Brown United States District Judge

         This matter comes before the Court on Defendants' Motion (#11) to Dismiss Plaintiff's First Amended Complaint. For the reasons that follow, the Court GRANTS Defendant's Motion and DISMISSES this matter with prejudice.

         BACKGROUND

         The following facts are taken from Plaintiff's First Amended Complaint and accepted as true for purposes of Defendant's Motion.

         In November 2014 Plaintiff Frank Hudson, a veteran of the United States Marine Corps, applied for a job with Defendant Home Forward and requested a veterans' preference.

         On June 9, 2015, Home Forward advised Plaintiff that it had failed to grant him a veterans' preference.

         At some point Plaintiff filed a complaint with Oregon's Bureau of Labor and Industries (BOLI) alleging Home Forward had violated the Oregon veterans' preference statute, Oregon Revised Statutes § 408.230, when it denied Plaintiff a veterans' preference.

         On July 15, 2016, BOLI issued to Plaintiff a Notice of Right to File a Civil Suit in which it advised Plaintiff that he could file an action against Home Forward for violation of § 408.230 within 90 days of the date of the Notice.

         On December 27, 2016, Plaintiff Frank Hudson filed in this Court a putative class action Complaint pursuant to 42 U.S.C. § 1983 against Defendants Home Forward, Home Forward Board of Commissioners, Michael Buonocore, and Jim Smith in which he alleged they violated veterans' federal due-process rights when they failed to provide veterans with pre-deprivation hearings before “failing to grant” them veterans' preferences in employment with Home Forward. Plaintiff did not allege a claim for violation of Oregon Revised Statutes § 408.230.

         On January 30, 2017, before Defendants filed a responsive pleading, Plaintiff filed a First Amended Complaint to add further factual allegations to support his claim for violation of his veterans' federal due-process rights.

         On February 21, 2017, Defendants filed a Motion to Dismiss Plaintiff's First Amended Complaint. The Court took Defendants' Motion under advisement on March 14, 2017. The Court concludes the record is ...


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