Hall Approved Free Access to American Case Law
Court of Appeals of Oregon, 1974

Moore v. OREGON STATE PENITENTIARY, COR. DIV.

Moore v. OREGON STATE PENITENTIARY, COR. DIV.
Court of Appeals of Oregon · Decided March 4, 1974 · Schwab, Port, Thornton
519 P.2d 389; 16 Or. App. 536; 1974 Ore. App. LEXIS 1231 (Pacific Reporter, Second Series)

Moore v. OREGON STATE PENITENTIARY, COR. DIV.

Opinion

PER CURIAM.

Reversed and remanded.

Like Bonney v. OSP, 16 Or App 509, 519 P2d 383 *537 (1974), this is a prison discipline review proceeding. In Bonney we upheld the prison discipline procedures against statutory and constitutional challenge. This disposes of the major issues raised in this case.

It is, however, here conceded that the record does not establish that prison officials followed all requirements of those rules. ① The elementary proposition that an agency of government must follow its own rules requires no citation of authority.

Reversed and remanded.

①

Specifically, the record does not disclose that the prison officials advised the petitioner that under Rules IV (2) and IV (4) he had the right under certain circumstances to representation and the right to submit questions to be posed by the disciplinary committee to the person charging, or other persons.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑