Batten v. Corrections Division

Plaintiff claims that defendant Corrections Division (Division) negligently reduced the custody classification of defendants Huffer and Smith, 1 which resulted in their transfer to a minimum security facility and their subsequent escape and assault on plaintiff. The trial court granted Division’s motion for a directed verdict on the grounds that plaintiff had failed to present any evidence of negligence and that it is immune from liability under ORS 30.265(3)(c), 2 because any alleged negligence involved discretionary acts. Judgment was entered for Division. Plaintiff appeals. We affirm.

We…