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Board agrees to join petition for review over county liability ruling
Summary
Commissioners agreed by consensus to sign a petition for review asking Oregon's Supreme Court to revisit a Court of Appeals decision that found a county liable for actions of a formerly detained person after release.
Klamath County commissioners agreed by consensus to sign onto a petition for review seeking Supreme Court review of a Court of Appeals ruling that found a county liable for actions committed by a person after release from custody, citing concerns about the decision's reach and operational conflicts with state law.
The board discussed a circulated request for counties to sign a petition for review of an appeals court decision involving a person who received mental-health care while in custody and later assaulted family members 12 days after release. One commissioner described the decision as "a pretty problematic decision," noting the court held the county liable for acts after release based on allegedly inadequate in-custody mental-health care.
Speakers noted potential conflict with state law directives on release (referencing Senate Bill 48) and the impracticality of detaining people until an indeterminate point "until their mental health was completely cured," arguing that such a precedent could lead to indefinite custody. The board expressed support for the petition and asked staff to indicate the county's willingness to sign on and provide any local experience relevant to the petition.
Board members agreed by consensus that Klamath County would sign the petition for review and support the effort to seek reversal of the appeals court decision. The consensus included no immediate financial commitment or formal vote recorded in the transcript.
