REED v. OSP

09-87-298; CA A46207.

773 P.2d 5 (1989)

96 Or.App. 382

James REED, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided May 10, 1989.


Attorney(s) appearing for the Case

James Reed, Salem, pro se.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister and Philip Schradle, Asst. Attys. Gen., Salem, filed the brief for respondent.

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 finding that he attempted to engage in sexual activity with another inmate in violation of OAR 291-105-015(8). He challenges the hearings officer's reliance on statements from two confidential informants. We reverse and remand.

Respondent initiated this proceeding on the basis of a misconduct report that alleged:

"Per confidential informant...

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