Oregon Appellate Court - May 1, 2013
by: Jwestover and Abassos • May 1, 2013 • no comments
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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). | 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). | ||
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Latest revision as of 16:03, August 18, 2013
Transferred Inmate Must Show Previous Institution's Continued Influence 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. Davenport v. Premo, 256 Or App ___ (May 1, 2013).
