Jensen v. Oregon Department of Transportation

Full title: JULIA JENSEN, Plaintiff, v. OREGON DEPARTMENT OF TRANSPORTATION, an Agency…

Court: United States District Court, D. Oregon

Date published: Aug 10, 2007

Civ. No. 07-6006-AA (D. Or. Aug. 10, 2007)

Opinion

Civ. No. 07-6006-AA.

August 10, 2007

ORDER

ANN AIKEN, District Judge

Defendants' Partial Motion to Dismiss (doc. 17) pursuant to Fed.R.Civ.P. 12(b)(6) is granted. Defendants are correct that this court is bound by the Ninth Circuit Court of Appeal's ruling in Engquist v. Oregon Department of Agriculture, 478 F.3d 985 (9^th Cir. 2007), that a claim for discrimination on a "Class of One" Equal Protection theory is not recognized in this circuit. That ruling is binding unless and until Engquist is limited or overruled by the full Ninth Circuit Court of Appeals.

Therefore, plaintiff's Claim One, Count Three is dismissed with prejudice.

IT IS SO ORDERED.