Oregon Woman Says She Was Locked Up After Her Sentence Ended and Is Now Suing the State for $10 Million

By Diane Megaw On Jan 13, 2026

The Oregon Supreme Court overturned a decision by Governor Tina Kotek to revoke the commutation of the sentence of Terri Lee Brown and return her to prison, after she had served all her sentences.

Tidings Insight

Commutation changes a sentence but does not erase a conviction. A conditional commutation adds rules, often tied to supervision. Revocation usually depends on proving a violation while the person is still under that supervision.

Brown is now suing the governor and the state of Oregon for $10 million for being “illegally incarcerated.”

Oregon Governor Loses Court Case After Revoking Commuted Sentence

Terri Lee Brown was incarcerated when Governor Tina Kotek revoked a previous conditional commutation of one of Brown’s sentences. Former Governor Kate Brown had commuted the sentence of Terri Lee Brown in December 2020. Governor Kotek’s revocation order was issued in December 2023, after Brown completed other sentences she was serving.

The ‘Conditional and Revocable Commutation of Sentence’ commuted the remaining term of incarceration from incarceration to post-prison supervision, but was subject to a variety of conditions.” In May 2021, four months after her release, Brown pleaded no contest to violating a general condition of her PPS and was sentenced to 30 days in jail.

By February 2023, Brown had fulfilled her PPS obligations and was no longer subject to any sentence from February 2023. The state did not dispute this, yet in February 2024, she was arrested and sent to Coffee Creek Correctional Facility, where she learned her conditional commutation had been revoked.

In February 2024, Governor Kotek issued an order stating that Brown had violated the conditions of the Conditional and Revocable Commutation of Sentence. A warrant was issued for her arrest. In response, Brown filed a habeas corpus writ, arguing that the Governor did not have the authority to revoke the commutation after she had finished serving all her sentences.

Tidings Context

Oregon’s governor has constitutional power to grant commutations, but courts can enforce the commutation’s own limits. The Supreme Court said revocation had to start before Brown’s post prison supervision ended.

Tidings Insight

Habeas corpus is a fast court process to test whether someone is being held legally. If custody has no lawful basis, a judge can order immediate release rather than waiting for a normal appeal.

The state contended that Brown, in accepting the previous Governor’s conditional commutation, had waived her right to seek habeas relief or otherwise challenge the revocation. Brown argued that the waiver in the acceptance agreement she signed was invalid or unenforceable.

The court confirmed that violation proceedings must be initiated while the offender is under supervision (i.e., before the offender’s sentence has expired) and not after the term of supervision has ended. When the Governor revoked plaintiff’s commutation in December 2023, she lacked the authority to do so under the terms of the December 2020 order of conditional commutation.

The judge said Brown is no longer subject to any sentence. Because Governor Kotek lacked the authority to revoke the plaintiff’s conditional commutation, and Brown’s imprisonment was unlawful, the State of Oregon was ordered to discharge Brown from custody immediately.

The judge said, “It is hereby ordered that plaintiff immediately be discharged from her illegal imprisonment.”