Westfall v. State of Oregon

Plaintiff brought a civil action against the State of Oregon, alleging that the Department of Corrections had kept him in prison longer than his lawful term of incarceration. Specifically, plaintiff alleged that the department had extended his prison term unlawfully by having a sentence run consecutively to another sentence imposed the same day, rather than running consecutive to a sentence that had been imposed previously. The state moved for summary judgment, asserting that it was entitled to discretionary immunity under ORS 30.265(6)(c) because the department’s written policies required…