Gilmore v. Oregon State Penitentiary

Petitioner was found guilty by a prison disciplinary committee of fighting with another inmate. At the disciplinary hearing petitioner admitted he was guilty of being in a “simple fist fight.” The balance of the hearing was devoted to ascertaining the circumstances of the fight — whether weapons were involved, who was the aggressor, etc. This was regarded as relevant to the appropriate sanction for the disciplinary committee to impose. The committee sentenced petitioner to serve 180 days in segregation, with 130 days suspended. Petitioner appeals pursuant to ORS 421.195.

The dispositive…