Herron v. Oregon State Penitentiary

Petitioner was charged with violating institution rules by possessing dangerous contraband, specifically a hash pipe and a knife. OAR 291-105-01, IV(A), 7(A) and 7(C). At the disciplinary hearing, he admitted that the hash pipe was his and, on appeal, he does not challenge the finding that he violated the rule by possessing the pipe. However, at the hearing below, petitioner maintained that the knife was not his and that it had been planted in his cell. He offered to take a polygraph test to demonstrate his innocence. However, the test results indicated that petitioner was being deceptive in…