IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

DANIEL RE, 

Plaintiff, 

v. 

STATE OF OREGON; Governor KATE 

BROWN; Oregon Judicial Department, by 

and through KINGSLEY W. CLICK, as 

State Court Administrator, 

Defendants. 

Tyler Smith 

Tyler Smith & Associates P.C. 

181 N. Grant Street, Suite 212 

Canby, Oregon 97013 

Attorney for plaintiff 

Sarah Weston 

Assistant Attorney General 

Oregon Department of Justice 

1515 S.W. Fifth Avenue, Suite 410 

Portland, Oregon 97201 

Attorney for defendants 

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6:15-cv-01097-TC 

ORDER 

Case 6:15-cv-01097-TC Document 24 Filed 04/17/16 Page 1 of 3
AIKEN, Judge: 

Magistrate Judge Coffin filed his Findings and Recommendation ("F&R") for this case on 

February 19, 2016. The matter is now before me pursuant to 28 U.S.C. § 636(b)(l)(B) and Fed. R. 

Civ. P. 72(b)(3). When a party objects to any portion of a magistrate judge's F&R, the district court 

must review that portion of the F&R de nova. 28 U.S.C. § 636(b )(1 )(B); McDonnell Douglas Corp. 

v. Commodore Bus. Machs., 656 F.2d 1309, 1313 (9th Cir. 1981). 

Plaintiff Daniel Re sued defendants the State of Oregon, Governor Kate Brown, and the 

Oregon Judicial Department, by and through State Court Administrator Kingsley W. Click, asserting 

Or. Rev. Stat. § 23 8. 5 0 5 is unconstitutional because it denies him equal protection of his right to vote 

and violates his right to freedom of association. Or. Rev. Stat. § 238.505 requires elected judges to 

enroll in the Public Employee Retirement System ("PERS"). Plaintiff would prefer to elect a judge 

who will not become a PERS member. Because section 238.505 eliminates the possibility of voting 

for such a candidate, plaintiff avers it infringes his right to vote for his candidate of choice. Plaintiff 

further contends the statute infringes his freedom of association by forcing him to associate with 

PERS in order to exercise his right to vote. Defendants moved to dismiss plaintiffs complaint for 

lack of subject matter jurisdiction and for failure to state a claim. Judge Coffin found plaintiff lacked 

standing and his claims were unripe. Therefore, Judge Coffin recommended granting defendants' 

motion and dismissing plaintiff's First Amended Complaint. Plaintiff filed Objections to Magistrate 

F&R (doc. 22), and defendants filed a Response (doc. 23). 

Plaintiff challenges Judge Coffin's conclusions regarding standing and ripeness. After a de 

nova review, I agree with Judge Coffin. In particular, I conclude plaintiff lacks prudential standing 

to challenge section 238.505. To determine whether a plaintiff has prudential standing, the court 

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Case 6:15-cv-01097-TC Document 24 Filed 04/17/16 Page 2 of 3
considers "whether the alleged injury is more than a 'mere generalized grievance,' whether the 

plaintiff is asserting [his] own rights or the rights of third parties, and whether the claim 'falls within 

the zone of interests to be protected or regulated by the constitutional guarantee in question."' Alaska 

Right to Life Political Action Comm. v. Feldman, 504 F.3d 840, 848-49 (9th Cir. 2007) (quoting 

Johnson v. Stuart, 702 F.2d 193, 196 (9th Cir. 1983)). The prudential ripeness inquiry considers "the 

fitness of the issues for judicial review and the hardship to the parties of withholding court 

consideration." Id. at 849 (quoting Thomas v. Anchorage Equal Rights Comm 'n, 220 F.3d 1134, 

1141 (9th Cir. 1999)). Plaintiff's objections to Or. Rev. Stat.§ 238.505 are generalized grievances 

unfit for judicial review. The appropriate forum for plaintiff's objections is the Oregon State 

Legislature, where plaintiff may advocate for amending or repealing Or. Rev. Stat.§ 238.505. 

I ADOPT Judge Coffin's F&R (doc. 20). Plaintiff's First Amended Complaint (doc. 10) is 

DISMISSED for lack of subject matter jurisdiction. 

IT IS SO ORDERED. 

Dated this _!/.-"day of April 2016. 

Ann Aiken 

United States District Judge 

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Case 6:15-cv-01097-TC Document 24 Filed 04/17/16 Page 3 of 3