Swiberg v. Oregon State Penitentiary

Petitioner contends that the Disciplinary Committee erred in finding that he had violated Major Rule 4 of the Oregon State Penitentiary by committing assault upon another prisoner. We agree.

In Adams v. OSP, 20 Or App 244, 531 P2d 754 (1975), we held that even in the necessarily disciplined environment of a prison, situations may arise justifying an inmate’s using some degree of force for self-protection. It may well be that in the matter at hand petitioner used force when it was not justified, or used a greater degree than was justified, but no evidence of either appears in the record made by…