Former DA files lawsuit against attorney general, deputy and Wasco County

“The Oregon attorney general and her deputy had neither legal nor moral authority to remove a duly elected official from office based solely on their erroneous belief that he was no longer qualified to serve,” wrote Nisley’s lawyer William Gary in a statement provided to Columbia Gorge News. “Their actions created a false narrative that District Attorney Eric Nisley had abandoned the Wasco County residents he’d sworn to protect and serve.

“The abuse of authority by the Attorney General and her Deputy cost Eric Nisley his re-election, his livelihood and his professional reputation,” Gary wrote. “Even as Mr. Nisley and his family focus on rebuilding what they’ve lost, this lawsuit is necessary to remedy past damage ... and to prevent the Attorney General and her office from ever again undermining Oregon’s system of free elections and the rule of law.”

Wasco County’s legal counsel Kristen Campbell stated, “Wasco County denies all liability associated with this case. The matter has been referred to the county’s insurance carrier, who has hired trial counsel to contest these claims.”

Kristina Edmunson, spokeswoman for Rosenblum, said in a statement to the Oregonian, “We will vigorously defend the state’s role and conduct in this matter. All actions taken were done in the best interests of the state in ensuring that all criminal cases were properly handled in Wasco County during the disciplinary suspension period of DA Nisley and thereafter. That required obtaining a court ruling from the Oregon Supreme Court. We were glad to get that clarification regarding the DA’s status, which reassured us that no criminal case would slip through the legal cracks.”

According to the court filing, Nisley alleges “defendants, without any lawful authority, ousted plaintiff from the position to which the Wasco County voters had duly elected him. Defendants’ actions barred plaintiff from performing any of the duties of his office, denied him the compensation and perquisites to which he was legally entitled by virtue of that office, falsely conveyed to the public that plaintiff was no longer the Wasco County District Attorney, and effectively prevented plaintiff’s longstanding former deputies and staff from communicating with him.”

“Wasco County officials aided and abetted Defendants Rosenblum and Boss in doing so,” the suit says. Nisley “was not informed of any of the above actions until the day he was expelled from office” and he wasn’t given a chance to challenge the state’s action, the suit says.

Nisley is seeking economic damages totaling $1 million, including lost wages and benefits, and $2 million in punitive damages in the civil rights suit against the attorney general.

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The suit, filed July 9 in U.S. District Court in Portland, follows a ruling by the Oregon Supreme Court in September that found Nisley remained the lawful holder of the office despite his 60-day suspension from the practice of law earlier in the year.

In that case, The Oregon Attorney General’s Office had argued that the office had become vacant at the point of his suspension, and assigned a representative from the AG’s office as Acting District Attorney. Nisley’s lawyer argued Nisley was not the first district attorney to be suspended while in office and that, in earlier cases, no vacancy in the office of district attorney had been declared. Instead, those suspended had resumed all district attorney duties at the end of the suspension period.

After the Supreme Court ruling, the state rescinded its action and restored Nisley to office with pay, but no one told him about the state’s reversal until two weeks afterward in October 2020, the suit contends.

Nisley said his removal derailed his effort to seek re-election for a sixth term as district attorney. Criminal defense lawyer Matthew Ellis handily defeated Nisley in the May 2020 election.

Nisley said the taint on his reputation from his abrupt removal from office has also harmed his effort to seek other jobs as a prosecutor in the state. Early this year, he was offered a temporary job as a Hood River County deputy district attorney but the offer was later rescinded, the suit says.

In addition to violating his due process rights, the suit alleges Rosenblum and Boss violated his equal protection rights by treating him differently than other prosecutors in the state who had their licenses suspended temporarily, the suit says.

He also accuses the state officials of negligence, interfering with economic relations and usurping his office.

Wasco County claim

In addition to those claims addressed to all three defendants, Wasco County is alleged to have interfered with the economic relationship between the Wasco County District Attorney’s office and the State of Oregon.

“Wasco County, which was not a party to that relationship, intentionally interfered with that relationship by physically barring plaintiff from the Wasco County District Attorney’s office; by removing all references to plaintiff’s name as Wasco County District attorney within that office, on the District Attorney’s website, and in their communications with the public; and by otherwise attempting to have plaintiff removed from his position. The actions of Wasco County officials prevented plaintiff from performing any of the duties of his elective office,” the suit says.

“The above-described acts were a substantial factor in plaintiff’s election loss in May 2020, causing plaintiff’s position as Wasco County District Attorney to end in January 2021 rather than January 2025 as he had intended.”