Thomas William Bonnie v. Clarence T. Gladden, Warden

Thomas William Bonnie was convicted and sentenced under the Oregon Contribution to Delinquency Statute O.R.S. 167.210. His petition for a writ of habeas corpus in federal district court was denied. While his appeal was pending in this court, Bonnie completed his sentence and was discharged from confinement without condition or restriction. Relying on Parker v. Ellis, 362 U.S. 574 , 80 S.Ct. 909 , 4 L.Ed.2d 963 (1963), this court remanded the case to the district court to vacate the order appealed from and dismiss the application for habeas corpus because Bonnie was no longer “in custody” as required by 28 U.S.C. § 2241 . Bonnie v. Gladden, 377 F.2d 555 (9th Cir. 1967). Subsequently the Supreme Court overruled Parker v. Ellis in Carafas v. LaVallee, 391 U.S. 234, 88 S.Ct. 1556 , 20 L.Ed.2d 554 (1968), and remanded this case for further consideration in light of that decision. Bonnie v. Gladden, 391 U.S. 605 , 88 S.Ct. 1866 , 20 L.Ed.2d 846 (1968).

Oregon’s Contribution to Delinquency Statutes, O.R.S. 167.210 and 419.476(1) (c), punish any act which may tend to cause a person under eighteen to become a child “whose behavior, condition or circumstances are such as to endanger his…