Sullivan v. State

This is a tort action for general damages.allegedly resulting from an illegal detention and false imprisonment of the plaintiff in the Oregon State Penitentiary. The plaintiff tried his case to a jury but, upon a motion at the close of the defendant’s case, the court directed a verdict.in favor of the state on the basis of immunity under the Oregon Tort Claims Act, ORS 30:260 et seq.

The facts here are not in dispute. On March 9, 1962, the plaintiff began serving a 15-year sentence in the Oregon State Penitentiary; he remained there until his release on July 13, 1971. During most of the time…