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Kenta v. Oregon State Penitentiary

Citations: 96 Or. App. 755; 773 P.2d 828Docket: 11-87-170, 11-87-166-D; CA A47027

Court: Court of Appeals of Oregon; May 24, 1989; Oregon; State Appellate Court

Narrative Opinion Summary

Petitioner challenges a final order from the Superintendent of the Oregon State Penitentiary, which determined that he violated a disciplinary rule and imposed a $100 fine. While the evidence supports the finding of guilt, the $100 fine is deemed unlawful, as acknowledged by the respondent. Consequently, the fine is vacated, but the remainder of the order is affirmed.

Legal Issues Addressed

Partial Affirmation of Administrative Orders

Application: The court affirmed the remainder of the Superintendent's order after vacating the unlawful fine, indicating that the rest of the disciplinary action was upheld.

Reasoning: Consequently, the fine is vacated, but the remainder of the order is affirmed.

Review of Disciplinary Sanctions in Correctional Facilities

Application: The court reviewed the disciplinary order from the Superintendent of the Oregon State Penitentiary and found the evidence sufficient to support the finding of guilt.

Reasoning: Petitioner challenges a final order from the Superintendent of the Oregon State Penitentiary, which determined that he violated a disciplinary rule.

Validity of Monetary Fines in Disciplinary Proceedings

Application: The court found the $100 fine imposed on the petitioner to be unlawful and therefore vacated it, despite the respondent's acknowledgment of its unlawfulness.

Reasoning: While the evidence supports the finding of guilt, the $100 fine is deemed unlawful, as acknowledged by the respondent.