Davis v. Toombs

Plaintiff, an inmate at the Oregon State Penitentiary (OSP), brought this action under 42 USC § 1983 for declaratory and injunctive relief, damages and attorney fees, alleging violation of his federal and state constitutional rights by a prison disciplinary proceeding and the resulting sanction. The circuit court held that ORS 421.195 provides the exclusive method of review of disciplinary orders and that plaintiffs only remedy is an appeal to this court under that statute. On that basis, it dismissed the complaint for lack of subject matter jurisdiction. We affirm in part and reverse in part.