Smith v. Oregon State Penitentiary

Petitioner seeks judicial review of a final order of the Superintendent of the Oregon State Penitentiary that concluded that he had violated OAR 291-105-015(8)1 by engaging in prohibited sexual activity. We reverse.

In August, 1990, an OSP librarian filed a misconduct report2 in which she alleged that petitioner had fondled his exposed penis in front of her. She said that petitioner “held a paper bag over his lap to hide his actions from 25 other inmates in the library.” At hearing, petitioner denied the alleged conduct. This colloquy occurred:

“[HEARINGS OFFICER]: * * * Do you have a statement…