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Anderson v. New Jersey Dep't of Corrections

September 15, 2008

CARL ANDERSON, APPELLANT,
v.
NEW JERSEY 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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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 August 27, 2008

Before Judges A. A. Rodríguez and Lihotz.

Inmate Carl Anderson is incarcerated at Trenton State Prison. He appeals from his placement in involuntary protective custody status. We affirm.

On January 2, 2007, Special Investigations Division Investigator Raphael Dolce received confidential information that the "Bloods" gang and other members of a Security Threat Group were going to assault Anderson in retaliation for an assault Anderson had allegedly ordered on another inmate. Anderson was immediately placed in involuntary protective custody. Dolce conducted an investigation. Two separate sources indicated to Dolce that the threat against Anderson was valid. Anderson refused to cooperate with Dolce.

Three weeks later, Dolce issued a report. As a result, Anderson was served with notice of a protective custody hearing. At the hearing, and based on Dolce's report, the hearing officer ordered that the inmate remain in protective custody status to ensure his safety.

Anderson appealed to the Prison Administrator. The Administrator upheld the hearing officer's decision. Anderson moved for reconsideration. The Administrator denied the motion. This constitutes a final agency decision of the Department of Corrections (DOC).

Anderson appealed to us. While the appeal was pending, the DOC moved for a temporary remand. We granted the application, M-3125-07 (App. Div. February 26, 2008).

A new protective custody hearing was held. At the hearing, Anderson was offered the assistance of counsel substitute and the opportunity to obtain witness statements. He declined both and did not provide any documentary evidence. Anderson stated only that he sought release from protective custody. Hearing Officer Maniscalco found that Anderson should remain in protective custody status to ensure his safety.

On appeal, Anderson contends:

THE FINAL DECISION OF THE DEPARTMENT OF CORRECTIONS SHOULD BE REVERSED BECAUSE ANDERSON'S PLACEMENT IN THE PROTECTIVE CUSTODY UNIT WAS NOT DETERMINED TO BE BASED ON RELIABLE EVIDENCE, THE HEARING OFFICER'S DECISION VIOLATED THE ADMINISTRATIVE CODE AND ANDERSON'S RIGHT TO A FAIR HEARING.

THE DECISION OF THE ASSOCIATE ADMINISTRATOR TO UPHOLD THE APPELLANT'S PLACEMENT IN PROTECTIVE CUSTODY WAS ...


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