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Hedin v. Oregon State Penitentiary

Oregon Court of Appeals
Sep 7, 1988
760 P.2d 901 (Or. Ct. App. 1988)

Opinion

AS-16; CA A43960

Argued and submitted March 31, 1988

Affirmed September 7, 1988

Judicial Review from Corrections Division.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for petitioner.

David L. Kramer, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Scott McAlister, Assistant Attorney General, Salem.

Before Warden, Presiding Judge, and Van Hoomissen and Graber, Judges.


PER CURIAM

Affirmed.


Petitioner seeks judicial review of a final order that placed him in administrative segregation for one year, because he represents "an active and extreme threat to others within the prison population." We affirm.

Petitioner first contends that no administrative rule authorizes his placement in administrative segregation. He is wrong. OAR 291-46-025 (2) provides that an inmate may be involuntarily segregated if he "constitute[s] an immediate and continuing threat to the safety and security of the institution, its staff, visitors and other inmates."

Petitioner next contends that the evidence that he is a threat to the safety of other inmates in OSP is limited to uncorroborated allegations of unnamed informants. He is wrong again. The record contains sufficient corroboration of the information supplied by the confidential informants. See Solar v. OSP, 87 Or. App. 222, 226, 742 P.2d 611, rev den 304 Or. 280 (1987); see also Bekins v. Cupp, 274 Or. 115, 123, 545 P.2d 861 (1976).

Petitioner's other contentions have no merit and require no discussion.

Affirmed.


Summaries of

Hedin v. Oregon State Penitentiary

Oregon Court of Appeals
Sep 7, 1988
760 P.2d 901 (Or. Ct. App. 1988)
Case details for

Hedin v. Oregon State Penitentiary

Case Details

Full title:TERRY HEDIN, Petitioner, v. OREGON STATE PENITENTIARY, Respondent

Court:Oregon Court of Appeals

Date published: Sep 7, 1988

Citations

760 P.2d 901 (Or. Ct. App. 1988)
760 P.2d 901