AFSCME Local 2623 v. Department of Corrections

Petitioners seek judicial review of rules of the Oregon Department of Corrections that permit warrantless searches of state corrections system employees. They filed their opening brief in March, 1990. In June, respondents (Department) moved to hold the appeal in abeyance to allow Department to amend its rules. In January, 1991, Department adopted amended OAR 291-41-005 et seq. The amendments permit searches only if there is reasonable suspicion, OAR 291-41-030(1),1 require a corrections manager to request the search, OAR 291-41-030(2), increase safeguards as to the manner of the search and…