Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Thompson v. Dep't of Corrections

July 9, 2008

JAMIL THOMPSON, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT.



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

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted May 7, 2008

Before Judges Sapp-Peterson and Newman.

This is a prison disciplinary appeal. Jamil Thompson, an inmate currently confined at New Jersey State Prison in Trenton, appeals a final determination of the Department of Corrections (DOC) finding him guilty of two drug-related disciplinary infractions. We affirm.

On March 4, 2007, Thompson was an inmate at Riverfront State Prison. On March 1, 2007, a confidential informant alerted prison officials that Nadia N. Odom, Thompson's girlfriend, would be visiting Thompson that day for a contact visit and would be bringing drugs into the prison. Odom was stopped shortly after she arrived at the institution and advised that she would be searched. When asked about a bulge beneath her shirt, Odom removed a clear plastic bag containing nine balloons of marijuana. On March 9, 2007, Thompson was charged with disciplinary infraction *.803, attempting to commit an asterisk offense, introduction of prohibited substances, *.203.*fn1

This disciplinary charge includes aiding another to commit any such act or making plans to commit such acts. On March 16, 2007, Thompson was also charged with a separate *.203 disciplinary infraction stemming from a January 30, 2007 incident during which suspected narcotics fell out of Thompson's rectal area while a correction officer strip searched Thompson as a result of an informant's tip that Thompson possessed a shank.*fn2 There was an initial hearing in which the charges against Thompson were sustained. After Thompson filed his appeal of the final administrative agency decision, DOC sought and was granted a remand to clarify the record. A rehearing was conducted and Thompson was once again found to have committed the infractions. The present appeal followed.

On appeal Thompson raises the following points for our consideration:

POINT I

DEPARTMENT OF CORRECTION[S] VIOLATED APPELLANT[']S RIGHTS AND PRIVILEGES ANNOUNCED THROUGHOUT THE DISCIPLINARY PROCEEDINGS IN DETERMINING APPELLANT[']S GUILT AND DOING SO VIOLATED APPELLANT[']S DUE PROCESS RIGHTS UNDER THE NEW JERSEY CONSTITUTION AND THE U.S. CONSTITUTION.

A. INACCURATE NOTICE OF ALLEGED INFRACTION *[.]803.

B. THE D.O.C. WITHHELD EXCULPAROTY [SIC] EVIDENCE.

C. D.O.C. VIOLATED 48 HOUR RULE.

D. APPELLANT WAS DENIED ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.