Furnishing prisoners food, clothing and necessary medical aid
Source:
Section 169.140 — Furnishing prisoners food, clothing and necessary medical aid, https://www.oregonlegislature.gov/bills_laws/ors/ors169.html.
Notes of Decisions
Fact that arrest of prisoner and admission for medical treatment was effected by peace officer not employed by county, does not by itself alter county’s liability. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied
Hospital is place of confinement if prisoner is physically unable to be maintained in jail. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied
Custody exists if 1) prisoner is under guard or prisoner’s physical condition prevents prisoner from leaving hospital of own will; and 2) circumstances imply that prisoner was confined to ensure attendance at trial. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied
County liability statutes apply where circumstances imply prisoner is in custody for enumerated purpose, notwithstanding absence of formal custody. Rogue Valley Memorial Hosp. v. Jackson County, 52 Or App 357, 629 P2d 377 (1981), Sup Ct review denied; Bd. of Higher Educ. v. Washington Co., 52 Or App 369, 629 P2d 373 (1981), Sup Ct review denied
When individual receives emergency medical care while in custody of law enforcement officer, public agency that employs officer is liable, not county correctional facility individual may be sent to in future. Emanuel Hospital v. Umatilla County, 314 Or 393, 840 P2d 56 (1992); Emanuel Hospital v. Multnomah County, 314 Or 404, 840 P2d 62 (1992)
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