Oregon Justice Resource Center v. Oregon Department of Corrections

Unless Petitioner's Challenge is to a Current Rule, it is Moot

The petitioner here challenged multiple rules concerning inmate solitary confinement under ORS 183.400 Ithat were created by the Oregon Department of Corrections (DOC). The petitioner initially asserted that the rules exceed statutory authority and violated the Oregon Constitution. Additionally, the petitioner argued that long-term solitary confinement can cause severe psychological harm that amounts to cruel and unusual punishment. The court required both parties to prove that the case was not moot because while the case was pending, the DOC acknowledged the potentially harmful effects of long-term solitary confinement and amended multiple rules, including reducing the maximum number of days for an inmate to be in solitary confinement from 180 to 90. The petitioner argues that the case isn’t moot and alleges that the amended rules still violate the Oregon Constitution. The petitioner also asked the court to decide the case, regardless of whether the Court finds it to be moot. The court found that if a rule is replaced or amended, a challenge to the older version of the rule is moot. Therefore, the court dismissed the case as moot and declined to decide the case on its merits.