POLK COUNTY -- Philip Scott Cannon is still pursuing a $20 million lawsuit against Polk County.
Cannon filed a suit in U.S. District Court in Portland in February 2010 against the district attorney's office and sheriff's office in Polk County, the Dallas Police Department and local investigators.
The Department of Justice, Oregon State Police and other state institutions were sued in a corresponding suit.
Cannon alleged false imprisonment, malicious prosecution, abuse of process and other claims. But both of those cases were dismissed in summary judgments this summer.
Cannon has since challenged the decision in the county and local case in the Oregon Court of Appeals.
"The judgments were based upon procedural defaults as opposed to the relevance of the claims," Cannon said. "I wasn't that impressed with them."
In his July opinion and order, District Judge Ancer Haggerty dismissed claims for relief regarding negligence because Cannon fell just outside the 10-year window in filing his suit.
Cannon had also claimed that his confinement in Polk County Jail between Sept. 2 and Dec. 18, 2009 -- he had been moved from the Oregon State Penitentiary for his trial -- amounted to false imprisonment; Cannon alleged it was unlawful once his conviction was overturned on Sept. 1.
Haggerty wrote that although the conviction was vacated, the murder charges against him remained pending until the court dismissed the charges in December 2009.
Cannon is represented in his lawsuit by Lafky & Lafky, a Salem-based firm. The suit will continue as planned, said attorney Tonyia J. Brady.
"This is more of how this matter has been completely mishandled from the very beginning, resulting in a wrongful conviction of an innocent man," Brady said.