Actions and Suits in Particular Cases

ORS 30.198
Civil action for intimidation

  • remedies
  • attorney fees
  • liability of parents


(1)

Irrespective of any criminal prosecution or the result thereof, any person injured by a violation of ORS 166.155 (Bias crime in the second degree) or 166.165 (Bias crime in the first degree) shall have a civil action to secure an injunction, damages or other appropriate relief against any person whose actions are unlawful under ORS 166.155 (Bias crime in the second degree) and 166.165 (Bias crime in the first degree).

(2)

Upon prevailing in such action, the plaintiff may recover:

(a)

Both special and general damages, including damages for emotional distress; and

(b)

Punitive damages.

(3)

The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court.

(4)

The parent, parents or legal guardian of an unemancipated minor shall be liable for any judgment recovered against such minor under this section, in an amount not to exceed $5,000. [Formerly 30.190; 2019 c.553 §16]

(formerly 30.190)

Law Review Citations

18 WLR 197 (1982); 28 WLR 455 (1992)


Source

Last accessed
Jun. 26, 2021