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CRUZ v. OREGON STATE PENITENTIARY, ETC.

No. 10-79-310; CA 16060.

617 P.2d 650 (1980)

48 Or.App. 473

Abraham CRUZ, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Ernest Estes, Deputy Public Defender, argued the cause for petitioner. On the briefs were Gary D. Babcock, Public Defender, and Judith H. Stone, Certified Law Student, Salem.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the briefs were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

This is a prison disciplinary case in which the petitioner, an inmate of the Oregon State Penitentiary, was found guilty by the Disciplinary Committee of violation of OAR 291-105-015(9), disrespect to another, which provided:1

"No inmate shall direct hostile, abusive or threatening language or gestures towards another person."

He seeks judicial review...

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