Mark Sherman

Mark’s practice focuses on defending Oregon and Washington employers in state and federal courts. These cases run the gamut from denial of due process and deprivation of property and liberty interests to claims brought under Title VII and analogous Oregon and Washington state law for employment discrimination, harassment, and whistleblower retaliation.

In addition to defending private employers, Mark has extensive experience defending municipalities and special districts against all types of tort claims, including Section 1983 claims for excessive force and wrongful arrest, First Amendment claims, Title IX claims, and public accommodation claims brought under the Americans with Disabilities Act.

Mark is adept at winning “trials on paper,” writing motions to dismiss and summary judgment motions that have resulted in the dismissal of numerous state and federal court cases prior to trial. He was recognized as a Rising Star by Oregon Super Lawyers Magazine in 2012 and 2014 – 2018.

Representative Cases:

Flores-Haro v. City of Hillsboro and Washington County et al. – won Ninth Circuit appeal reversing district court’s decision denying qualified immunity for individual police officers based on allegedly excessive force.

Heidt v. City of McMinnville et al. – won multiple motions to dismiss plaintiff’s due process claims against City based on plaintiff’s failure to allege a constitutionally protected property interest in his right to particular job duties, resulting in dismissal with prejudice.

Horstman v. City of Hillsboro et al. – won Ninth Circuit appeal reversing district court’s decision denying qualified immunity to police officers in wrongful arrest case based on a purported failure to investigate.

Bermudez-Arenas v. City of McMinnville et al. – After filing motion for summary judgment in federal district court against plaintiff’s excessive force claims against police officers, plaintiff dismissed the case.

Lour v. City of Tigard et al. – won summary judgment on personal injury claim filed in state court against City alleging liability for an unsafe pedestrian crosswalk where plaintiff was struck by a truck.


Education

Lewis and Clark College
Northwestern School of Law
J.D., 2009

Pima Community College
A.A.S. (Paralegal Studies), High Honors, 2000

University of California
Political Science Studies

Experience

Hart Wagner LLP
Associate Attorney, since 2010

Office of Multnomah County Attorney
Law Clerk, 2008 – 2009

Bonneville Power Administration
Law Clerk, 2007 – 2008

Cosgrave Vergeer Kester LLP
Paralegal, 2005 – 2006

Mesch, Clark & Rothschild, P.C.
Paralegal, 2000 – 2005

Admitted To Practice

Oregon State Courts
Washington State Courts
U.S. District Court: District of Oregon

Awards and Recognitions

Super Lawyers

Rising Star – Employment Litigation: Defense, 2012, 2014-2018

Professional Activities and Associations

Oregon State Bar
Multnomah Bar Association
Washington State Bar Association
Oregon Association of Defense Counsel

Professional Publications

“Step-Two Analysis: Legislative History”
Co-author with Steve Johansen, Hon. Jack L. Landau, and Anne E. Villella, Interpreting Oregon Law, Oregon State Bar Publication, 2009

“Wave New World: Promoting Ocean Wave Energy Development Through Federal-State Coordination and Streamlined Licensing”
Comments, 39 ENVIRONMENTAL LAW 1161, 2009