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CARPENTER v. OREGON STATE PENITENTIARY, ETC.

No. 02-79-098; CA 13572.

597 P.2d 1253 (1979)

41 Or.App. 343

Steve CARPENTER, Petitioner, v. OREGON STATE PENITENTIARY, CORRECTIONS DIVISION, Respondent.

Court of Appeals of Oregon.

Decided July 30, 1979.

Attorney(s) appearing for the Case

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

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.

GILLETTE, Judge.

In this prison discipline case, petitioner was charged with and found to be in violation of prison discipline Rule 1 (OAR 291-40-050(1)) — Disruptive Behavior1 — and Rule 13(a) (OAR 291-40-050(13)(a) — Conspiracy to Commit a Rule Violation.2 We reverse.

This case arises out of a concerted work stoppage which occurred at the Oregon State Penitentiary beginning February...

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