Oregon Statutes 30.851 – Action for interfering with health care facility; attorney fees
(1) Irrespective of any criminal prosecution or the result thereof, a person or health care facility aggrieved by conduct prohibited by ORS § 166.119 may bring a civil action against the person or group of persons engaging in the prohibited conduct, individually or jointly with other aggrieved persons, in the appropriate court for relief.
Terms Used In Oregon Statutes 30.851
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2) A plaintiff who prevails in a claim described in this section may recover:
(a) Economic or noneconomic damages, as those terms are defined in ORS § 31.705;
(b) Statutory damages of $500 per day for each day that the prohibited conduct occurred for a plaintiff who is an individual, or $5,000 per day for each day that the prohibited conduct occurred for a plaintiff that is a health care facility;
(c) Injunctive relief;
(d) Reasonable attorney fees; and
(e) Any other appropriate equitable relief.
(3) In a proceeding on an action described in this section, the court shall take all steps reasonably necessary to safeguard the individual’s privacy and prevent harassment of a health care patient or health care provider who is a party to or witness in the proceeding, including granting protective orders and motions in limine when appropriate.
(4) The following persons and entities qualify as aggrieved for the purposes of subsection (1) of this section:
(a) A person, physically present at the health care facility when the prohibited conduct occurs, whose access is or is about to be obstructed or impeded;
(b) A person, physically present at the health care facility when the prohibited conduct occurs, whose care is or is about to be disrupted;
(c) The health care facility or an employee or agent of the health care facility; or
(d) The owner of the health care facility or the building or property upon which the health care facility is located.
(5) As used in this section:
(a) ‘Health care facility’ has the meaning given that term in ORS § 166.119.
(b) ‘Health care provider’ has the meaning given that term in ORS § 166.119. [2023 c.228 § 46]