Sagerser v. Oregon State Penitentiary

GILLETTE, J.

In this prison discipline case, petitioner was charged with and found guilty of violations of prison disciplinary Rule 1 (OAR 291-40-050(1)) — Disruptive Behavior¹ and Rule 10 (OAR 291-40-050(10)) — Disobedience of an Order.²

Petitioner plead guilty to violating Rule 1. As to the disobedience charge, however, we are unable to discern from the sparse record in this case³ precisely what order petitioner is supposed to have violated. Accordingly, his conviction for violating Rule 10 must be reversed.

Affirmed in part; reversed in part.

1 OAR 291-40-050(1) provides:

"(1) Disruptive Behavior. No inmate shall engage in the advocation, encouragement, promotion, or creation of a disturbance.

"A 'disturbance’ is a substantial disorder characterized by unruly, noisy, or violent conduct which disrupts the orderly administration of the institution or creates an unreasonably annoying condition which poses a direct threat to the security and/or safety of the institution.”

2 OAR 291-40-050(10) provides:

"Disobedience of An Order. No inmate shall fail to promptly comply with a valid order of a staff member.”

3 See Calhoun v. OSP, 41 Or App 339, 597 P2d 1250 (decided this date).