Moore v. Peterson

In this habeas corpus proceeding, petitioner, an inmate of the Oregon State Correctional Institution (OSCI), appeals from a summary judgment for defendant. Petitioner alleges that, by denying him treatment by specialists for his heart disease, diabetes, ear infection, bronchitis and tuberculosis, OSCI has provided inadequate treatment. The matter came before the trial court on cross-motions for summary judgment. Because we find that there are genuine issues of material fact concerning the medical care of petitioner, we reverse and remand.

Summary judgment is proper when the moving party has…