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CRUZ v. OREGON STATE PENITENTIARY, ETC.

No. 10-79-309; CA 16059.

617 P.2d 644 (1980)

48 Or.App. 473

Abraham CRUZ, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Ernest Estes, Deputy Public Defender, argued the cause for petitioner. On the brief were Gary D. Babcock, Public Defender, and Judith H. Stone, Certified Law Student, Salem.

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

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

This is a prison discipline proceeding in which the petitioner, an inmate at the Oregon State Penitentiary, was charged with violation of two of the institution's rules, viz., OAR 291-105-015(10), which provides:

"An inmate shall promptly comply with valid orders of staff members. An order includes written, verbal or gestured communication which directs or forbids the doing of some act over which the inmate had control."...

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