STERLING v. CUPP

No. 108452; CA 13246.

607 P.2d 206 (1980)

44 Or.App. 755

David J. STERLING, Thomas E. Capps, and Wilbur G. Hixson, Respondents, v. Hoyt C. CUPP, Robert J. Watson, and Brillante Murphy, Appellants, Nedra Bagley, Defendant, Janice Derr, Lauritto Trujillo, Marcia Rovai, Brenda Diabala, Sandra Rushmore, and Dorothy Discher, Intervenors-Appellants.

Court of Appeals of Oregon, In Banc.

Resubmitted February 14, 1980.

Decided February 25, 1980.


Attorney(s) appearing for the Case

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen. and Barbara A. Brainard, Certified Law Student, Salem.

Jossi Davidson, Salem, argued the cause and filed the brief for respondents.

Terry A. Pressler, Salem, argued the cause and filed the brief for intervenors-appellants.


Resubmitted In Banc February 14, 1980.

GILLETTE, Judge.

Plaintiffs are male inmates of the Oregon State Penitentiary (OSP). They sought to enjoin the defendant officials of the Corrections Division (Division) from assigning female correctional personnel "to duties which include frisking male prisoners, except in an emergency situation." The trial court granted the relief sought. Defendants, and certain female corrections officers who are intervenors, appeal...

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