SULLIVAN v. STATE


515 P.2d 193 (1973)

John Leonard SULLIVAN, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided October 29, 1973.


Attorney(s) appearing for the Case

Edwin A. York, Portland, argued the cause for appellant. On the brief was Charles Paulson, Portland.

Edward H. Warren, Portland, argued the cause for respondent. With him on the brief were Hershiser, Mitchell & Warren, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


SCHWAB, Chief Judge.

This is a tort action for general damages allegedly resulting from an illegal detention and false imprisonment of the plaintiff in the Oregon State Penitentiary. The plaintiff tried his case to a jury but, upon a motion at the close of the defendant's case, the court directed a verdict in favor of the state on the basis of immunity under the Oregon Tort Claims Act, ORS 30.260 et seq.

The facts here are not in dispute. On March 9, 1962...

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