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Sanabria v. Dep't of Corrections

April 11, 2008

HECTOR SANABRIA, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT.



On appeal from a Final Decision of the Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 31, 2008

Before Judges Lintner and Alvarez.

Petitioner, Hector Sanabria, is an inmate currently confined to New Jersey State Prison in Trenton, where he is serving a ninety-year term for murder, aggravated assault, and various drug and weapons related offenses. He appeals from a November 8, 2006, determination of the Department of Corrections (Department) affirming the imposition of 15 days detention, with credit for time served, 180 days administrative segregation, and 180 days loss of commutation credit for committing prohibited act *.803/*.306 (attempt to commit "conduct which disrupts or interferes with the security or orderly running of the correctional facility) and .702 (unauthorized contacts with the public) in violation of N.J.A.C. 10A:4-4.1(a). He also appeals from a February 2, 2007, decision of the Department placing him in Management Control Unit detention, a housing unit designed to insure the effective control of the prison's most violent and disruptive inmates.

On appeal, Sanabria raises the following points:

POINT I

THE HEARING OFFICER'S DECISION FINDING THE APPELLANT GUILTY OF VIOLATING PRISON RULES WAS NOT BASED UPON SUBSTANTIAL CREDIBLE EVIDENCE IN THE RECORD AND VIOLATED HIS DUE PROCESS RIGHTS.

POINT II

THE SPECIAL INVESTIGATIONS DIVISION'S INVESTIGATOR'S DECISION AND FRAUDULENT ACTIONS TO WITHHOLD EXCULPATORY EVIDENCE FROM THE HEARING OFFICER AND APPELLANT, BY FAILING TO INFORM THEM THAT THE INTERVIEW WITH THE ONLY WITNESS WAS RECORDED, VIOLATED THE APPELLANT'S RIGHT TO THE PROCESS HE WAS DUE.

POINT III

THE ASSISTANT SUPERINTENDENT'S FINDINGS UPHOLDING THE APPELLANT'S DISCIPLINE WERE INADEQUATE AND CONTRARY TO THIS COURT'S DECISION IN BLACKWELL V. DEPARTMENT OF CORRECTIONS, 348 N.J. Super. 117 ([App. Div.] 2002).

POINT IV

THE APPELLANT WAS DENIED AN INDEPENDENT INVESTIGATION OF THE DISCIPLINARY CHARGES IN ACCORDANCE WITH N.J.A.C. 10A:4-9.5, WHICH WAS A ...


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