Canell v. State

Plaintiff filed a tort action against the state and a named correctional officer alleging various acts of negligence that, in effect, resulted in the misplacement of his eyeglasses when he was moved from one housing unit to another at the Oregon State Penitentiary. The trial court granted the state’s motion for judgment on the pleadings, which, on appeal, the state concedes was error. For the reasons described below, we accept the state’s concession and reverse.

According to plaintiffs complaint, defendants “failed in their duty * * * by not following OAR 291-117-0060(7)”1 and not inventorying…