Jensen v. Little

VANDE WALLE, Justice.

Herbert 0. Jensen appealed an order of the district court which dismissed his appeal from a North Dakota State Penitentiary disciplinary proceeding. Jensen argues that the Penitentiary’s revised drug-testing program and penalties were enacted in violation of the procedures of the Administrative Agencies Practice Act, NDCC ch. 28-32. We affirm.

Herbert Jensen is an inmate at the State Penitentiary. In 1988, the Penitentiary Inmate Handbook, which contains policies and procedures of the State Penitentiary, was adopted by Bob Coad, Acting Warden, and approved by Elaine…