Legal Opinion

Sousa v. Cupp

Court of Appeals of Oregon

Decided May 2, 1984No. 134,676; CA A29017Published

1Per curiam

Petitioner, a prisoner at the Oregon State Penitentiary, appeals the dismissal of his petition for a writ of habeas corpus. ORS 34.710. The petition recites that:

“Petitioner is now and has been in the past subjected to a pattern and practice of physical and verbal harassment and abuse by Correction Officers * * * individuals who are supervised and directed by defendant.”

The trial court acquires jurisdiction only on a showing that the alleged claims “require immediate judicial scrutiny, if it also appears to the court that no other timely remedy is available to the prisoner.” Penrod/Brown v.…

2Cases cited2 opinions

  1. Penrod v. CuppOregon Supreme Court · 1978
  2. Armstrong v. CuppCourt of Appeals of Oregon · 1984

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