Rinne v. PSRB

"An assertion of a finding of fact as part of an explanation for disregarding evidence is subject to attack if the fact relied upon is not, itself, supported by substantial evidence." Garcia v. Boise Cascade Corp., 309 Or 292, 296, 787 P2d 884 (1990). "The court shall set aside or remand the order if the court finds that the order is not supported by substantial evidence in the record." See ORS 183.482(8)(c).

Petitioner appealed from a Psychiatric Security Review Board (PSRB) order denying his request to be removed from PSRB jurisdiction and discharged from Oregon State Hospital. On appeal, Petitioner argued the record did not support PSRB’s dispositive finding that a qualifying mental disease or defect caused Petitioner to be dangerous. Additionally, Petitioner argued Pedophilic Disorder is not a qualifying mental disease or defect for the purposes of PSRB jurisdiction. In response, PSRB argued Petitioner suffered from Pedophilic Disorder exacerbated by Petitioner’s Other Specified Anxiety Disorder (OSAD), which resulted in Petitioner's Pedophilic Disorder being more dangerous. "An assertion of a finding of fact as part of an explanation for disregarding evidence is subject to attack if the fact relied upon is not, itself, supported by substantial evidence." Garcia v. Boise Cascade Corp., 309 Or 292, 296, 787 P2d 884 (1990). "The court shall set aside or remand the order if the court finds that the order is not supported by substantial evidence in the record." See ORS 183.482(8)(c). The Court found a reasonable person could not conclude Petitioner’s OSAD would exacerbate his Pedophilic Disorder because all of the evidence in the record supported the opposite. Thus, the Court concluded that PSRB erred in determining Petitioner’s qualifying mental disease or defect caused him to be more dangerous because PSRB failed to provide substantial evidence to support its argument.

Reversed and Remanded.