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FORT v. PALMATTER

(99C-14738; CA A108265)

10 P.3d 291 (2000)

169 Or. App. 568

Robert Earl FORT, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided August 30, 2000.

Attorney(s) appearing for the Case

Christopher J. Eggert, Portland, filed the brief for petitioner.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Stacey Guise, Assistant Attorney General, filed the brief for respondent.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

WOLLHEIM, J.

Plaintiff appeals from the trial court's dismissal of his writ of habeas corpus in which he alleged his food was intentionally contaminated with saliva and other unknown bodily excretions. We reverse and remand.

Plaintiff is an inmate at the Oregon State Penitentiary (OSP). In March 1999, plaintiff was placed in segregation. Plaintiff filed a petition for a writ of habeas corpus, alleging that he was improperly housed in segregation

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