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120 Or. App. 528

Hall v. Maass

Court of Appeals of Oregon

Decided May 19, 1993

Court of Appeals of Oregon · decided 1993-05-19

Applies OR 34 § 34.362 · OR 34 § 34.680

Decided 1993-05-19

¶1*529PER CURIAM

¶2In this habeas corpus proceeding, plaintiff appeals an order allowing defendant’s motion to strike his replication. ORS 34.680(2). We reverse.

¶3In March, 1990, plaintiff suffered a heart attack while incarcerated and was not taken to the hospital for 16 hours. He alleges that he still suffers from serious heart and circulatory problems that are not being treated promptly and that, as a consequence of those delays, he receives constitutionally inadequate medical care. Plaintiff states sufficient facts in support of his claim. ORS 34.362(2). The seriousness of the medical condition and the alleged lack of treatment requires immediate judicial scrutiny, and there is no other timely remedy. ORS 34.362(2). The replication stated a claim for habeas corpus relief.

¶4Reversed and remanded.

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