Duncan v. Oregon State Correctional Institution

Petitioner seeks judicial review of the final order of the Superintendent of the Oregon State Correctional Institution finding petitioner to have violated Major Rule No. 8 forbidding sexual activity, and imposing a sanction of one year in the segregation and isolation unit and loss of 304 days of good time. On review he claims violations of OAR 291-40-110(2), (3) and (4).

The offense occurred on October 11, 1977. An internal memorandum was prepared on October 12 describing facts which indicated forceful sexual activity. A copy of the memorandum was furnished immediately to the petitioner. On…