Lane v. Maass

The issue presented is whether a motion to dismiss pursuant to ORCP 21 A 1 is appropriate in habeas corpus proceedings. The facts, as set forth by the Court of Appeals, are as follows:

“In his petition, plaintiff alleged that he was being unlawfully imprisoned and restrained, because he had been forced to provide a urine sample for drug analysis. He explained in his petition that, when he was unable immediately to provide a sample, he was threatened with a loss of privileges. After approximately 100 minutes of effort, plaintiff asked that the sample be obtained by a catheter, but his request…