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DAVIS v. TOOMBS

86-C-10234; CA A40880.

759 P.2d 277 (1988)

92 Or.App. 373

Gary D. DAVIS, Appellant, v. Tom G. TOOMBS, Administrator, State of Oregon Department of Human Resources, Corrections Division; State of Oregon Department of Human Resources, Corrections Division, and J.C. Keeney, Superintendent, Oregon State Penitentiary, Respondents, and Hoyt C. Cupp, Defendant.

Court of Appeals of Oregon.

Decided August 10, 1988.

Attorney(s) appearing for the Case

Roy Pulvers, Portland, argued the cause for appellant. With him on the brief was Stoel, Rives, Boley, Fraser & Wyse, Portland.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondents. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

Plaintiff, an inmate at the Oregon State Penitentiary (OSP), brought this action under 42 U.S.C. § 1983 for declaratory and injunctive relief, damages and attorney fees, alleging violation of his federal and state constitutional rights by a prison disciplinary proceeding and the resulting sanction. The circuit court held that ORS 421.195 provides the exclusive method of review of disciplinary orders and that plaintiff's only remedy is...

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