Downer v. Oregon State Penitentiary

This matter is before us on judicial review of the final order of the Superintendent in a disciplinary proceeding. Petitioner was charged with possession of a knife. He had a hearing before the decision in Bartholomew v. Reed, 477 F Supp 223 (DC Or 1979), and a second hearing as a result of that decision. The disciplinary committee found petitioner guilty.

The charge was based on the information furnished by an unidentified informant, who said he was an eyewitness to the secreting of the weapon. Petitioner’s theory was that one of six fellow inmates who owed him money might have planted the…