Hargreaves v. Matteucci

ORS 34.340 permits a court to issue a writ of habeas corpus upon a petition of the party for whose relief it is intended, "or of some other person in behalf of the party."

Plaintiff, retired circuit court judge, appealed a judgment dismissing his petitions for a writ habeas corpus on behalf of five OHS patients. The trial court had dismissed these petitions finding that Plaintiff lacked standing because he was not acting with the authorization, knowledge, or consent of the patients. On appeal, Plaintiff argued that ORS 34.340 should be construed to allow any person to file a petition for habeas corpus on behalf of another, without the person's knowledge or approval. OHS argued that the statute's use of "in behalf of" requires that the person bringing the petition to have a relationship with the party. ORS 34.340 permits a court to issue a writ of habeas corpus upon a petition of the party for whose relief it is intended, "or of some other person in behalf of the party." The Court, after reviewing legislative history and the historical context of habeas corpus throughout England and Colonial America, found that ORS 34.340 requires some sort of relationship in which there is authority from the party on whose behalf the writ for habeas corpus is sought. Because Plaintiff had not established that he had any relationship with the patients, the Court held that Plaintiff lacked standing. Appeal dismissed as moot.