Civil Rights

We represent landowners in federal civil rights claims against cities, counties, state agencies and their officials. Most of these cases involve property.

We bring claims when a government takes property without paying for it, denies a permit or enforces a code without the process the law requires, treats one owner differently from another without a reason, or retaliates against an owner for speaking against a project. A plaintiff who prevails may recover attorney fees.

A taking can also be brought under Oregon law as inverse condemnation, described under Eminent Domain. A dispute over a permit or a zoning decision usually starts as an appeal, described under Land Use and Permitting.

Services we provide

• Section 1983 claims for takings, due process and equal protection
• Retaliation claims
• Attorney fee petitions under 42 U.S.C. § 1988

Statutes and rules

• 42 U.S.C. § 1983, Civil action for deprivation of rightsthe federal cause of action against anyone who, under color of state law, deprives a person of a right the Constitution guarantees.
• 42 U.S.C. § 1988, Attorney feesa prevailing plaintiff in a civil rights case recovers attorney fees.
• United States Constitution, Amendments I, V and XIVspeech and petition; just compensation for a taking; due process and equal protection.
• Oregon Constitution, Article I, section 18the state guarantee of just compensation, which is the basis of inverse condemnation under Oregon law.