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STERLING v. CUPP

TC 108452; CA 13246; SC 26907; SC 26915.

625 P.2d 123 (1981)

290 Or. 611

David J. STERLING, Thomas E. Capps, and Wilbur G. Hixson, Respondents, v. Hoyt C. CUPP, Supt., Oregon State Penitentiary, Robert J. Watson, Administrator of the Corrections Division, and Brillante Murphy, Correctional Officer, Oregon State Penitentiary, Petitioners, and Nedra Bagley, Correctional Officer, Oregon State Penitentiary, Defendant, and Janice Derr, Lauritto Trujillo, Marcia Rovai, Brenda Dibala, Sandra Rushmore, and Dorothy Discher, Intervenor-Petitioners.

Supreme Court of Oregon, In Banc.

Decided March 4, 1981.

Attorney(s) appearing for the Case

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for petitioners. With him on the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Barbara A. Brainard, Certified Law Student.

Terry A. Pressler, Salem, argued the cause and filed a brief for intervenor-petitioners.

Jossi Davidson, Silverton, argued the cause and filed a brief for respondents.

LINDE, Justice.

Plaintiffs, who are male inmates of the Oregon State Penitentiary, sued to enjoin Superintendent Cupp and other prison officials from assigning female guards to duties which involve frisking male prisoners or observation of prisoners in showers or toilets, or for such other relief as the court deemed proper. After allowing a number of female corrections officers to intervene as parties defendant, the court enjoined defendants Cupp and Watson from ...

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