¶1concurring in part, dissenting in part.
¶2I concur in the majority’s opinion except for its holding that the notice requirements of ORS 30.275 apply to plaintiffs claims under 42 USC § 1983. For the reasons given in my dissenting opinion in Rogers v. Saylor, 88 Or App 480, 746 P2d 718 (1987), I would reverse and remand those claims to the extent that they are brought under federal law rather than under the Oregon Tort Claims Act.