Cruz v. Oregon State Penitentiary

This is a prison disciplinary case in which the petitioner, an inmate of the Oregon State Penitentiary, was found guilty by the Disciplinary Committee of violation of OAR 291-105-015(9), disrespect to another, which provided:1

"No inmate shall direct hostile, abusive or threatening language or gestures towards another person.”

He seeks judicial review of the Disciplinary Committee’s finding and the superintendent’s ultimate approval of that finding, assigning as error three different actions by the presiding officer of the Disciplinary Committee. We agree that error was committed, and reverse.

Th…