Hammer v. OREGON STATE PENITENTIARY, ETC.

This is an action challenging the constitutionality of procedures employed by the Oregon State Penitentiary in terminating plaintiff Hammer’s employment as a corrections officer. In Hammer v. Oregon State Penitentiary, 276 Or 651, 556 P2d 1348 (1976) (hereinafter referred to as Hammer I), this court held that Hammer’s dismissal was in violation of the due process clause of the fourteenth amendment to the United States Constitution because plaintiff was not given a pretermination notice of the charges against him nor an opportunity to rebut the charges. The United States Supreme Court granted…