McKINLEY v. ROBERTS

11C13099; A148264.

287 P.3d 1179 (2012)

252 Or. App. 355

Randy Todd McKINLEY, Plaintiff-Appellant, v. Greg ROBERTS, Superintendent, Oregon State Hospital, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 19, 2012.


Attorney(s) appearing for the Case

Erin Galli and Chilton & Galli, LLC, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Christina M. Hutchins , Senior Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


PER CURIAM.

Plaintiff, who is a patient in the Oregon State Hospital, sought a writ of habeas corpus, alleging that he is suffering health problems as a consequence of a poor ventilation system in the hospital. The trial court, on its own motion, dismissed plaintiff's petition for failure to state a claim for relief.

On appeal, plaintiff contends that this case is controlled by the Supreme Court's decision in Bedell v. Schiedler, 307...

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