United States District Court, D. Oregon
FRANK HUDSON, an individual, and all others similarly situated, Plaintiffs,
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.
E. HUDSON Hudsonlaw, LLC Plaintiff, Pro Se
JEFFERY J. MATTHEWS JONATHAN M. HOOD Harrang Long Gary
Rudnick, PC Attorneys for Defendants
OPINION AND ORDER
J. Brown United States District Judge
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.
following facts are taken from Plaintiff's First Amended
Complaint and accepted as true for purposes of
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.
9, 2015, Home Forward advised Plaintiff that it had failed to
grant him a veterans' preference.
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
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.
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.
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.
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 ...