Bartholomew v. Pearce

Plaintiff appeals from a judgment denying his petition for declaratory relief. Plaintiff sought a declaration that the visitation rules established by the Department of Corrections are unconstitutional.1 We remand with instructions to the trial court to dismiss the case.

On January 15,1991, plaintiff, an inmate at Oregon State Penitentiary, submitted a visiting application for his wife, who at the time was incarcerated at the Oregon Women’s Correctional Center. His wife had previously been convicted for violating ORS 162.185 (supplying contraband) and ORS 475.992 (possession of controlled…