ORS 34.362
Contents of petition when person challenges conditions of confinement or deprivation of rights while confined


If the person is imprisoned or restrained by virtue of any order, judgment or process specified in ORS 34.330 (Who may not prosecute writ) and the person challenges the conditions of confinement or complains of a deprivation of rights while confined, the petition shall:

(1)

Comply with requirements of ORS 34.360 (Contents of petition when person challenges authority for confinement) (1), (3), (4) and (5); and

(2)

State facts in support of a claim that the person is deprived of a constitutional right that requires immediate judicial attention and for which no other timely remedy is practicably available to the plaintiff. [1991 c.884 §5; 2003 c.576 §313]

Source: Section 34.362 — Contents of petition when person challenges conditions of confinement or deprivation of rights while confined, https://www.­oregonlegislature.­gov/bills_laws/ors/ors034.­html.

Notes of Decisions

Placement in prison Intensive Management Unit does not raise issues subject to writ of habeas corpus. Troxel v. Maass, 120 Or App 397, 853 P2d 294 (1993)

Allegation that petitioner was being subjected to ongoing and periodical assaults by guards met minimum requirements for habeas corpus jurisdiction. Schafer v. Maass, 122 Or App 518, 858 P2d 474 (1993)

Civil rights lawsuit for tort damages and injunctive relief is not adequate alternative remedy for petitioner alleging unconstitutional imprisonment or restraint of person. Barrett v. Belleque, 344 Or 91, 176 P3d 1272 (2008)

Director of Department of Corrections is proper defendant in petition for writ of habeas corpus by transferred inmate in physical custody of receiving state pursuant to Interstate Corrections Compact under ORS 421.284 because sending state retains sole authority to remove inmate from conditions of which inmate complains and inmate remains in constructive custody of sending state. Taylor v. Peters, 360 Or 460, 383 P3d 279 (2016)

34.010
Former writ of certiorari as writ of review
34.020
Who may obtain review
34.030
Jurisdiction to grant writ
34.040
When allowed
34.050
Plaintiff’s undertaking
34.060
To whom directed
34.070
Stay of proceedings
34.080
Issuance and service of writ
34.090
Order for further return
34.100
Power of court on review
34.102
Review of decisions of municipal corporations
34.105
Definitions for ORS 34.105 to 34.240
34.110
When and to whom writ issued
34.120
Courts having jurisdiction
34.130
Petition for writ
34.140
Direction and service of writ
34.150
Peremptory and alternative writs
34.160
Allowance of peremptory writ in first instance
34.170
Answer or motion to dismiss by defendant
34.180
Failure to answer or move for dismissal
34.190
Other pleadings
34.200
Allowance and trial in Supreme Court
34.210
Recovery of damages
34.220
Recovery as a bar
34.230
Imposition of fine
34.240
Appeal
34.250
Certain mandamus proceedings under Supreme Court’s original jurisdiction
34.310
Purpose of writ
34.320
Courts having jurisdiction
34.330
Who may not prosecute writ
34.340
Petition
34.350
Application by district attorney
34.355
Appointment of counsel
34.360
Contents of petition when person challenges authority for confinement
34.362
Contents of petition when person challenges conditions of confinement or deprivation of rights while confined
34.365
Filing petition of prisoner without payment of filing fees
34.370
Order to show cause
34.380
Warrant in lieu of writ
34.390
Order for arrest of person having custody
34.400
Execution of warrant
34.410
Criminal offense by person having custody
34.421
Contents of writ
34.430
Defect of form
34.440
Who may serve writ
34.450
Payment of charges when service is on person other than sheriff or other officer
34.460
Manner of service
34.470
Service when officer or other person hides or refuses admittance
34.480
Proof of service
34.490
Duty to obey writ
34.500
When return must be made
34.520
Sickness of person
34.530
Requiring return and production of party by order
34.540
Contents of return
34.550
Warrant in case of refusal or neglect to obey writ
34.560
Failure of sheriff to return writ
34.570
Precept commanding bringing of prisoner
34.580
Inquiry into cause of imprisonment
34.590
Discharge when no legal cause for restraint is shown
34.600
When party to be remanded
34.610
Grounds for discharge of prisoner in custody under order or civil process
34.620
Inquiry into legality of certain judgments and process not permitted
34.630
Proceedings where commitment for criminal offense is legal, or party probably is guilty
34.640
Custody of party pending proceedings
34.650
Notice to third persons
34.660
Notice to district attorney
34.670
Replication following return
34.680
Motion to deny petition
34.690
Requiring production of person after writ issued
34.695
Conduct of hearing
34.700
Judgment
34.710
Appeal
34.712
Summary affirmation of judgment on appeal
34.720
Imprisonment after discharge
34.730
Forfeiture for refusing copy of order or process
34.740
Amendment of petition or action against public body when wrong remedy sought
34.810
Scire facias and quo warranto
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