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WESTFALL v. STATE EX REL. DEPT. OF CORR.

07C23164; A140772.

271 P.3d 116 (2011)

247 Or. App. 384

Chester C. WESTFALL, Plaintiff-Appellant, v. STATE of Oregon, by and through the actions of its agency the OREGON DEPARTMENT OF CORRECTIONS, Defendant-Respondent.

Court of Appeals of Oregon.

Submitted November 23, 2010.

Attorney(s) appearing for the Case

Bradley J. Volk, Richard L. Cowan, and Rockwell & Cowan filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Ryan Kahn, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

ARMSTRONG, J.

Plaintiff brought this action against the state for negligence and false imprisonment based on an alleged improper calculation by Oregon Department of Corrections (DOC) employees of plaintiff's prison-release date. The trial court granted the state's motion for summary judgment, concluding that the DOC employees who calculated plaintiff's sentence were performing a discretionary function and, therefore, the ...

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