BONNEY v. OREGON STATE PENITENTIARY, CORR. DIV.


526 P.2d 1020 (1974)

Earl Junior BONNEY, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Supreme Court of Oregon.

Decided September 26, 1974.


Attorney(s) appearing for the Case

Charles N. Hilke, Marion-Polk Legal Aid Service, Inc., Salem, argued the cause for petitioner. With him on the briefs were Victor C. Pagel, Marion-Polk Legal Aid Service, Inc., Salem, and Stanley A. Sitnick, Legal Aid Service, Portland.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Before O'CONNELL, C.J., and McALLISTER, HOLMAN, TONGUE, HOWELL and SLOPER, JJ.


HOLMAN, Justice.

Petitioner is an inmate of the Oregon State Penitentiary (OSP). He sought review by the Court of Appeals of a decision by the disciplinary committee of the OSP, which was approved by the Superintendent, placing petitioner in segregation for violating the rules of conduct of the institution. The charge was that in the process of being transferred from a private hospital back to the OSP he forcefully resisted, cursing the guards and threatening to kill...

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