Oregon Appellate Court - May 1, 2013

by: Jwestover and Abassos • May 1, 2013 • no comments

Transferred Inmate Must Show Previous Institution's Continued Affect in Order to Avoid Mootness

A case becomes moot if an decision would "fail[] to have some practical effect on the rights of the parties to the controversy." Here, a habeas petitioner alleged that by discontinuing his Ritalin prescription, the Oregon State Penitentiary was deliberately indifferent to his medical needs. Prior to an ultimate disposition, however, petitioner was transferred to a Connecticut prison. Because the petitioner "has failed to present evidence that Oregon prison officials affect his treatment in Connecticut," the court finds that the case is moot. [http://www.publications.ojd.state.or.us/docs/A145538.pdf Davenport v. Premo, 256 Or App ___ (May 1, 2013).