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