County seeks to have Forbes lawsuit dismissed
Timothy Forbes of Newberg filed suit in January against numerous of county officials, alleging they had conspired to bring a case against him that was ultimately dismissed. In it, he is seeking $250,000 in damages, along with $1 million in punitive damages and reimbursement of his legal fees.
The suits named County Counsel Rick Sanai, District Attorney Brad Berry, Deputy District Attorney Michael Videtich, Sheriff Jack Crabtree, former Sheriff’s Deputy Thomas Hoy and Yamhill County. It contends Hoy lied in court about Forbes’ arrest and the other officials conspired to protect him.
The county denies any such conspiracy.
It goes on to argue that Forbes “fails to state facts sufficient to constitute a claim” against most of the defendants, and contends the statute of limitations has expired for at least one of the claims, as the arrest dates back two years now. It also argues that Hoy is protected by immunity, as the suit is based on testimony offered in a judicial setting.
On those grounds, the county has filed a motion for summary judgment. It is seeking to win a judicial finding that the case lacks sufficient basis to merit proceeding to trial.
Forbes has sought an extension of the time normally allowed for a response.
At the same time the lawsuit was filed, Forbes’ attorney, John Hingson, filed complaints with the Oregon State Bar against Videtich and Sanai. The bar dismissed both.
Forbes was arrested on a charge of drunk driving.
His first trial resulted in a hung jury. The prosecution set the case for re-trial, but it was ultimately dismissed on the grounds he had been denied his constitutional right to a speedy trial.