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SWIBERG v. OREGON STATE PENITENTIARY, COR. DIV

538 P.2d 957 (1975)

David SWIBERG, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided August 11, 1975.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.

J. Rion Bourgeois, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

Petitioner contends that the Disciplinary Committee erred in finding that he had violated Major Rule 4 of the Oregon State Penitentiary by committing assault upon another prisoner. We agree.

In Adams v. OSP, Or. App., 75 Adv.Sh. 434, 531 P.2d 754 (1975), we held that even in the necessarily disciplined environment of a prison, situations may arise justifying an inmate's using some degree of force...

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