MUELLER v. CUPP

No. 111,898; CA 16176.

608 P.2d 1203 (1980)

45 Or.App. 495

Edward William MUELLER, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided March 24, 1980.


Attorney(s) appearing for the Case

Michael Curtis, Salem, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.


GILLETTE, Judge.

Petitioner, an inmate at the Oregon State Penitentiary, petitioned for a writ of habeas corpus alleging that respondent and his subordinates denied petitioner needed medical care and discriminated against him in terms of eligibility for work release because of his medical problems. Petitioner sought to compel immediate medical care and an end to the discrimination. The circuit court granted the defendant's motion to strike petitioner's amended replication...

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