Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Nearing v. Weaver

Oregon Supreme Court
670 P.2d 137 (Or. 1983)


Henrietta Nearing (plaintiff) separated from her husband and the following year he entered her home without permission and hit her. She had her husband arrested by police officer Martin Weaver (defendant) and the circuit court issued a restraining order against the husband, preventing him from entering Nearing’s home in the future. The next month, Nearing’s husband again entered the home in violation of the restraining order. The husband did damage to the property and actually attempted to take away Nearing’s children. Nearing reported this to Weaver and after verifying the validity of the restraining order, Weaver declined to arrest Nearing’s husband because he had not personally seen the husband on the premises. Subsequently, Nearing’s husband returned to her home three times, seeking entry into the house. On one of these occasions, the husband assaulted Nearing’s friend and did damage to the friend’s van. Nearing again reported this to Officer Weaver and Weaver told her that the police would arrest the husband “because it was [his] second offense,” but they never did. Not long after, the husband threatened to kill Nearing’s friend and assaulted him again. The Oregon Abuse Prevention Act (APA) mandated that officers arrest a person without a warrant when the officer has probable cause to believe that the person has violated an order meant to prevent further abuse. Nearing’s restraining order qualified under the statute. Nearing brought suit against Weaver for failing to enforce the judicial restraining order, which resulted in severe emotional distress to her and her children. The circuit court granted summary judgment to Weaver and the court of appeals affirmed. Nearing appealed.

Rule of Law


Holding and Reasoning (Linde, J.)

Dissent (Peterson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 366,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.