Legal Opinion · Dissent

Curtis v. Oregon State Correctional Institution

Court of Appeals of Oregon

Decided March 10, 1975No. 3825Published

1DissentFort, J.

I concur that there is sufficient evidence to support the finding that the prisoner engaged in the wilful destruction of tires as charged.

For the reasons hereinafter stated,- I do not agree that the superintendent or the disciplinary committee had authority on the basis of this record to require that the prisoner make restitution.

Here the findings of fact are silent concerning the value, if any, of the tires damaged or destroyed. Examination of the transcript discloses no evidence relating to that matter. Neither the disciplinary committee nor the superintendent in their respective orders set…

2Cases cited6 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. State v. HodgesOregon Supreme Court · 1969
  3. Bonney v. Oregon State Penitentiary, Cor. Div.Court of Appeals of Oregon · 1974
  4. Bonney v. OREGON STATE PENITENTIARY, CORR. DIV.Oregon Supreme Court · 1974
  5. Fowler v. Oregon State Correctional InstitutionCourt of Appeals of Oregon · 1974

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