HALL v. MAASS

90C11608; CA A72971.

852 P.2d 966 (1993)

120 Or. App. 528

William F. HALL, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided May 19, 1993.


Attorney(s) appearing for the Case

James F. Evans, Salem, argued the cause and filed the brief for appellant.

Stephanie Andrus, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Diane S. Lefkow, Asst. Atty. Gen., Salem.

Before DEITS, P.J., and RIGGS and DURHAM, JJ.


PER CURIAM.

In this habeas corpus proceeding, plaintiff appeals an order allowing defendant's motion to strike his replication. ORS 34.680(2). We reverse.

In March, 1990, plaintiff suffered a heart attack while incarcerated and was not taken to the hospital for 16 hours. He alleges that he still suffers from serious heart and circulatory problems that are not being treated promptly and that, as a consequence of those delays, he receives constitutionally...

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