Smith v. Oregon State Department of Corrections

This is a petition for judicial review pursuant to ORS 183.400, challenging the validity of rules adopted by the Department of Corrections on controlled feeding of inmates.1 Petitioners allege, inter alia, that the rules violate statutory and constitutional prohibitions against cruel and unusual punishment.2 We hold the challenged rules valid.

OAR 291-83-005 to OAR 291-83-015 establish procedures for placing inmates on “controlled feeding status” if they throw or misuse food or human waste or fail voluntarily to return eating utensils and trays to staff after each meal. Under the rules,…