Delker v. Maass

FINDINGS OF FACT AND CONCLUSIONS OF LAW

PANNER, District Judge.

Plaintiff David Delker brought this 42 U.S.C. § 1983 action seeking injunctive relief and damages from state and prison officials who refused to authorize surgeiy for plaintiffs inguinal hernia. I granted summary judgment on some claims, and set the remaining claims for trial. The prayer for injunctive relief was mooted when the Oregon Department of Corrections “ODOC” authorized the operation. On December 2, 1993,1 conducted a court trial at the Oregon State Penitentiary (“OSP”). At the conclusion of plaintiffs case-in-chief, I…