On January 30, 2025, the Supreme Court of Oregon held that prisoners seeking to state a claim for economic damages in the form of future lost income need not plead an “enforceable right” to future employment and that the lack of a legal right to employment is not an automatic preclusion to such a claim.
Prisoner Arnold R. Huskey sued the Oregon Department of Corrections (DOC) and others for breach of contract and civil rights violations. Among other things, Huskey sought damages based on lost future wages and employment opportunities. Years prior, Huskey sued DOC and obtained a settlement agreement that purportedly involved DOC orally agreeing not to retaliate against Huskey.
The settlement was the contract underlying the breach of contract action. The breach was based on DOC allegedly violating its oral promise by creating, without Huskey’s permission, training videos that included footage of him and portrayed him in a negative manner. As a result, Huskey suffered $11,640 in economic damages due to DOC officials denying him job assignments, training, and other income-generating opportunities.
The trial court accepted the defendant’s argument to dismiss the action, finding that economic damages could not be pleaded by Huskey because Article I, section 41(3) …
