Hindman v. Oregon State Penitentiary, Corrections Division

Petitioner appeals from a final order of the Disciplinary Committee of the Oregon State Penitentiary finding him guilty of violations of Major Rules 3 (present in an unauthorized area) 1 and 11 (disobedience of an order). 2 Petitioner contends that the Disciplinary Committee erred in finding him guilty of being in an unauthorized area. 3

There is evidence that although petitioner had permission to be on the tier momentarily, he was dilatory in returning to his cell. When an officer ordered petitioner to "cell in,” he remained out on the tier talking for about two minutes.

Petitioner should not…