Engweiler v. Persson

In these consolidated cases, plaintiff seeks immediate release from prison. In his case against the superintendent of the institution in which he is incarcerated, plaintiff seeks habeas corpus relief on the ground that the Board of Parole and Post-Prison Supervision (the board) has set a release date for him in 2018, but, when sentence reduction credits that he has earned under ORS 421.121 for appropriate institutional behavior (earned-time credits) are taken into account, his release date has passed; therefore, his continued incarceration is unlawful. In his administrative rule challenge,…