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Judge Nixes Lawsuit From Former Rep. Diego Hernandez

She says his claims of discrimination are “unsupported by any factual allegations.”

U.S. District Judge Ann Aiken last week dismissed a federal lawsuit filed by former state Rep. Diego Hernandez (D-East Portland) against the Oregon Legislature and some of its members.

As WW first reported, Hernandez ran afoul of legislative conduct rules in his dealings with three women. After one of the women filed a complaint against him in April 2020, an investigation led to a disciplinary hearing in early 2021.

The House Conduct Committee voted to expel Hernandez, but he resigned before a floor vote on the matter. In the meantime, he filed suit, alleging discrimination, a violation of his First Amendment rights, and a lack of due process.

Judge Aiken found his claims unpersuasive and dismissed the case.

“[Hernandez’s] allegations of discriminatory intent by the named Defendants are conclusory,” Aiken wrote, “and unsupported by any factual allegations.”