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CLARK v. SCHUMACHER

CA A64682.

820 P.2d 3 (1991)

109 Or.App. 354

William Nate CLARK and Wallace Eric Nelson, Petitioners, v. Dave SCHUMACHER, Rules Coordinator, Department of Corrections, Fred Pearce, Director, Department of Corrections, Respondents.

Court of Appeals of Oregon.

Decided October 30, 1991.

Attorney(s) appearing for the Case

William Nate Clark and Wallace Eric Nelson, Salem, filed the brief pro se for petitioners.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and John T. Bagg, Asst. Atty. Gen., Salem, filed the brief for respondents.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

JOSEPH, Chief Judge.

Petitioners challenge the validity of Department of Corrections rules effective October 7, 1988, OAR 291-131-006 to 291-131-041, entitled Mail (Inmate). ORS 183.400. They argue that the rules violate their rights under the First and Fourteenth Amendments in a number of particulars and that certain of the rules are otherwise unconstitutional under the state and federal constitutions.

Petitioners first argue that OAR 291-131-006(2...

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