Chinn v. State

This is an appeal from a judgment for the defendant entered after a demurrer to plaintiff’s complaint for failure to state a cause of action was sustained. The sole issue is the plaintiff’s right, as a prisoner currently incarcerated in the Oregon State Penitentiary for the commission of a felony, to bring an action, under the Oregon tort claims act, ORS 30.260 et seq.

On August 3, 1962, the plaintiff, having been sentenced to 15 years upon conviction of rape, became and, at all relevant time continued to be, an inmate of the Oregon State Penitentiary. On January 31, 1969, he was assaulted and…