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WESTFALL v. STATE EX REL. OREGON DEPT. OF CORRECTIONS

CC 07C23164; CA A140772; SC S060416.

324 P.3d 440 (2014)

355 Or. 144

Chester C. WESTFALL, Respondent on Review, v. STATE of Oregon, by and through the actions of its agency the OREGON DEPARTMENT OF CORRECTIONS, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided April 10, 2014.

Attorney(s) appearing for the Case

Erin C. Lagesen , Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Richard L. Cowan , Salem, argued the cause and filed the brief for respondent on review.

LINDER, J.

Plaintiff brought a civil action against the State of Oregon, alleging that the Department of Corrections had kept him in prison longer than his lawful term of incarceration. Specifically, plaintiff alleged that the department had extended his prison term unlawfully by having a sentence run consecutively to another sentence imposed the same day, rather than running consecutive to a sentence that had been imposed previously. The state moved for summary judgment...

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