BARRETT v. OREGON DEPARTMENT OF CORRECTIONS

A150406.

317 P.3d 406 (2013)

260 Or. App. 442

Jacob Henry BARRETT, Petitioner, v. OREGON DEPARTMENT OF CORRECTIONS, Respondent.

Court of Appeals of Oregon.

Decided December 26, 2013.


Attorney(s) appearing for the Case

Jacob Barrett filed the briefs pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Michael A. Casper , Deputy Solicitor General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.


PER CURIAM.

Petitioner seeks a determination under ORS 183.400 of the validity of OAR 291-131-0035. That rule, promulgated by the Department of Corrections, prohibits inmates from receiving "[s]exually explicit material which by its nature or content poses a threat or is detrimental to the security, good order or discipline of the facility, inmate rehabilitation, or facilitates criminal activity * * *." Petitioner contends that the rule "[v]iolates constitutional...

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