Oregon State Penitentiary v. Jerry Hammer

Mr. Justice Stevens, with whom Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall join,

dissenting.

Since Dixon v. Love, 431 U. S. 105, sheds no light on the issues decided by the Oregon Supreme Court, the Court’s disposition of this petition can only be characterized as cavalier.

The respondent, a tenured corrections officer, was discharged without a pretermination hearing; at a post-termination hearing the Public Employee Relations Board decided that the dismissal was proper as a matter of state law. On appeal, the Oregon Supreme Court reversed. Relying on its decision in…