ATKINS v. OSP

11-85-010; CA A38677.

736 P.2d 196 (1987)

85 Or.App. 224

Gary W. ATKINS, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided May 6, 1987.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, argued the cause and filed the brief for petitioner.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Petitioner, an inmate at the Oregon State Penitentiary, seeks review of an order that he serve nine months in segregation after a finding that he had conspired to commit assault on another inmate in violation of a prison disciplinary rule. He asserts that he was denied due process under the Fourteenth Amendment and that respondent violated the administrative rules governing disciplinary proceedings, because inadmissible information from...

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