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READ v. OSCI

Nos. 11-130F; CA A51253, 11-92F; CA A51082 and 11-75F; CA A51168.

783 P.2d 27 (1989)

Michael READ, Petitioner, v. OREGON STATE CORRECTIONAL INSTITUTION, Corrections Division, Respondent. Robert Sorenson, Petitioner, v. Oregon State Correctional Institution, Corrections Division, Respondent. Dwayne D. Wier, Petitioner, v. OREGON STATE CORRECTIONAL INSTITUTION, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided November 29, 1989.

Attorney(s) appearing for the Case

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

Douglas F. Zier, Deputy Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

We have consolidated these prison disciplinary cases for decision, because each presents the same issue: Is there substantial evidence to support the hearings officer's conclusion that petitioners violated OAR 291-105-015(1)?

The relevant portion of OAR 291-105-015 provides:

"(1) Disruptive Behavior: "(a) No inmate shall advocate, create, engage in, encourage or promote a disturbance. "(b) A disturbance...

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