🗂️ Benton Dismissals
On May 7, 2025, one hour after I was advised to submit a motion to disqualify Judge Matthew Donohue, he dismissed my federal civil rights under 42 USC § 1983. I submitted a Motion to Disqualify a little after 13:00 and it was ignored. It included my third request for a change of venue.
Dear Counsel and Parties:
This matter comes before the Court on Plaintiffs Motion To Change Venue and Defendant's Motion to Dismiss. Having reviewed the parties' filings, and the case file, I make the following findings and determinations.
In Plaintiff's Motion to Change Venue, he requests that the Court grant his request to move the case from Benton County to Linn County, citing convenience to the Defendants and the current Benton County Judge's past employment with the Oregon Department of Justice as grounds for the change. [1] Defendant's Motion To Dismiss argues that neither Benton County nor Linn County are appropriate venues for the case and it should therefore be dismissed.
In its Motion Defendant cites ORS 14.050(2) as support for their request for dismissal. Under ORS 14.050(2),
"Actions for the following causes shall be commenced and tried in the county where the cause, or some part thereof, arose:
* * *
(2) Against a public officer or person specially appointed to execute the duties of the public officer for an act done by the officer or person in virtue of the office of the public officer; or against a person who, by the command of the public officer, or in aid of the public officer, shall do anything
In this case, Plaintiff alleges that he was barred from visiting a legislator at their office at the Oregon State Capitol. TI1ere does not appear to be any reasonable dispute from those allegations that Plaintiff's cause of action arose from acts engaged in by Defendant at the Oregon State Capitol. There also does not appear to be any reasonable dispute that the Oregon State Capitol is in Salem, Oregon, which is in Marion County. As a result, Plaintiff, pursuant to the requirements of ORS 14.050(2), must file his complaint in Marion County. Defendant's Motion to Dismiss is therefore granted and Plaintiff's Complaint is dismissed without prejudice. Given that the Court has granted Defendant's Motion to Dismiss, P\aintifrs Motion to change venue to Linn County is denied as moot.
Ms. Maile, please, within 21 days of the date of this letter, submit an Order to the Court consistent with this letter granting Defendant's Motion to Dismiss and denying Plaintiff's Motion to Change Venue and a Judgment dismissing Plaintiff's claim without prejudice.
[1] Plaintiff did not file a motion to disqualify the current judge so that issue is not before the Court at this time.
