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SMITH v. OR. DEPT. OF CORRECTIONS

CA A61247.

792 P.2d 109 (1990)

101 Or.App. 539

Arlen Porter SMITH, Francis Rothauge, Ernest Leroy Smith, Philip McClure, Randell W. Brown, Donald Sager, Kerry Disorbo, John Manny Trujillo, Dennis R. Brooks, Gilbert Lane, Michael E. Gysin, Leslie A. Whaley, Petitioners, v. OREGON STATE DEPARTMENT OF CORRECTIONS AND THE OREGON STATE PENITENTIARY, Respondents.

Court of Appeals of Oregon.

Decided May 16, 1990.

Attorney(s) appearing for the Case

Arlen Porter Smith, John Manny Trujillo, Dennis R. Brooks, Gilbert Lane, Michael E. Gysin, Leslie A. Whaley, Francis Rothauge, Ernest Leroy Smith, Philip McClure, Randell W. Brown, Donald Sager, and Kerry Disorbo, Salem, filed the brief pro se for petitioners.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Douglas F. Zier, Asst. Atty. Gen., Salem, filed the brief for respondents.

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

ROSSMAN, Judge.

This is a petition for judicial review pursuant to ORS 183.400, challenging the validity of rules adopted by the Department of Corrections on controlled feeding of inmates.1 Petitioners allege, inter alia, that the rules violate statutory and constitutional prohibitions against cruel and unusual punishment.2 We hold the challenged rules valid.

OAR 291-83-005 to OAR 291-83-015...

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