Schafer v. Maass

Petitioner appeals the dismissal of his petition for writ of habeas corpus. We review for errors of law, ORS 138.220, and reverse.

Petitioner’s petition alleges that he is “unlawfully” imprisoned in the Oregon State Penitentiary and

“the illegality thereof consists of the following: Plaintiff is subjected to cruel and .unusual punishment in violation of the 8th and 14th Amendment to the United States Constitution and Article 4, section 16 of the Oregon Constitution. Accordingly is being subjected to undue rigor in violation of Article I, section 13 of the Oregon Constitution in that plaintiff…