Enforcement of rules
- violence and injury to adults in custody prohibited
Source:
Section 421.105 — Enforcement of rules; violence and injury to adults in custody prohibited, https://www.oregonlegislature.gov/bills_laws/ors/ors421.html.
Notes of Decisions
The superintendent has authority to enforce obedience to rules by requiring restitution for property damage. Curtis v. Ore. State Correctional Institution, 20 Or App 530, 532 P2d 798 (1975), Sup Ct review denied
The record of disciplinary proceedings must contain a written statement of why the action was taken. Dean v. Ore. State Correctional Institution, 20 Or App 620, 533 P2d 191 (1975), Sup Ct review denied
Because a disciplinary proceeding not based on criminal charges is essentially civil in nature, the petitioner’s right to remain silent and claimed right to counsel were not properly maintained issues. Archuletta v. Ore. Women’s Correctional Center, 25 Or App 149, 548 P2d 1006 (1976)
Superintendent of the Oregon State Penitentiary has authority under this section to impose consecutive sanctions. Palaia v. Oregon State Penitentiary, 28 Or App 83, 558 P2d 846 (1977)
There is no basis for concluding that this section and [former] ORS 421.016 provide substantive standard independent of Eighth Amendment to United States Constitution against which court can measure superintendent’s efforts to protect inmates from assault. Capps v. Atiyeh, 559 F Supp 894 (1982)
Placement of prison inmate on controlled feeding status is not punishment but safety measure and does not violate statutory or constitutional prohibitions against cruel and unusual punishment. Smith v. Dept. of Corrections, 101 Or App 539, 792 P2d 109 (1990), Sup Ct review denied
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