Gordon v. Oregon State Penitentiary

The majority disposes of this case, per curiam, by citing Duncan v. OSCI, 35 Or App 81, 580 P2d 1047 (1978). In Duncan we erroneously avoided consideration of the "proceedings underlying the order” which ORS 421.195 authorizes us to review. I dissent because the Corrections Division has not followed its own rule.1

Petitioner was found guilty by a prison disciplinary committee of disobeying an order. The final order of the superintendent placed petitioner in segregation for nine days. Petitioner’s primary contention is that the disciplinary committee violated its own rules and due process by…