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SMITH v. OSP

08-90-182; CA A66638.

820 P.2d 873 (1991)

109 Or.App. 625

William M. SMITH, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Department. Respondent.

Court of Appeals of Oregon.

Decided November 13, 1991.

Attorney(s) appearing for the Case

William M. Smith, Salem, filed the brief pro se for petitioner.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Ann Kelley, Asst. Atty. Gen., Salem, filed the brief for respondent.

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

EDMONDS, Judge.

Petitioner seeks judicial review of a final order of the Superintendent of the Oregon State Penitentiary that concluded that he had violated OAR 291-105-015(8)1 by engaging in prohibited sexual activity. We reverse.

In August, 1990, an OSP librarian filed a misconduct report2 in which she alleged that petitioner had fondled his exposed penis...

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