In Westfall v. Oregon, ___Or App___, ___P3d___ (slip opinion dated 12/29/2011), the Oregon Court of Appeals reversed a trial court’s ruling dismissing a prisoner’s lawsuit about the incorrect calculation of his prison term. As a result, the prisoner will be allowed to proceed with his lawsuit against the prison for unlawfully extending his sentence.
The opinion is interesting for two reasons. First, it explains in some detail the labyrinthine laws and rules relating to credit for time served. I have long believed that significant parts of that system are unconstitutional, and Westfall provides another basis to make that argument in some cases.
Second, the opinion rejects the state’s argument that it is immune from suit over this sort of error. It is a lousy policy that the government cannot be sued when it’s errors cause harm to citizens; there’s no requirement to ask GM’s permission before suing it. Sovereign immunity is bad policy, and it should be scaled back at every opportunity.
