Reed v. Oregon State Penitentiary

Petitioner, an inmate at the Oregon State Penitentiary, seeks review of an order finding that he attempted to engage in sexual activity with another inmate in violation of OAR 291-105-015(8). He challenges the hearings officer’s reliance on statements from two confidential informants. We reverse and remand.

Respondent initiated this proceeding on the basis of a misconduct report that alleged:

“Per confidential informant inmate Reed, James attempted to rape [another inmate] at 01:15 AM in the latrine of 2 West.”

Petitioner denied the charges and contended that the allegations stemmed from a…