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Barnes v. New Jersey Dep't of Corrections

September 24, 2010

TYRONE BARNES, 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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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 September 7, 2010

Before Judges Payne and Messano.

Tyrone Barnes, an inmate at East Jersey State Prison, appeals from the final decision of the Department of Corrections (D.O.C.) that adjudicated him guilty of committing prohibited act *.306, conduct that disrupts or interferes with the security or orderly running of the facility. See N.J.A.C. 10A:4-4.1(a). The disciplinary hearing officer imposed a sanction of 10 days in detention with credit for time served, 210 days of administrative segregation, and the loss of 180 days of commutation time.

On administrative appeal, the facility's Associate Administrator affirmed the findings of the hearing officer and the sentence imposed. This appeal followed.

Barnes raises the following points on appeal:

POINT I:

THE HEARING OFFICER FAILED TO MAKE MENTION OR SUBSTANTIATE WHAT EVIDENCE WAS DEEMED SUBSTANTIAL TO SUPPORT HIS DECISION, IN LIGHT OF APPELLANT BEING FOUND NOT GUILTY OF THE PRINCIPAL CHARGES, SUCH SHORT-COMING IS ARBITRARY, AND UNREASONABLE WHICH SHOULD WARRANT A REMAND.

POINT II: APPELLANT['S] DUE PROCESS RIGHTS W[ERE] VIOLATED BY DOC FAILURE TO AFFORD A TIMELY HEARING []OR GIVE [AN] EXPLANATION WHY HEARING WASN'T HELD IN TIMELY MANNER.

POINT III: THE ADMINISTRATOR'S ASSISTANT ESCHEWED [HIS] DUTY BY UPHOLDING APPEAL BASED ON INCORRECT PROCEDURES, SUCH REASONS GIVEN RUN[]AFOUL OF DUTY WHEN REVIEWING ADMINISTRATIVE APPEALS.

We have considered these arguments in light of the record and applicable legal standards. We affirm.

On March 8, 2009, Barnes was an inmate at Bayside State

Prison. At approximately 7:00 p.m., after the movement of inmates into the education area had ceased, and the movement of inmates into the chapel area had begun, Barnes attempted to enter the education area. He was ordered to stop and to submit to a search; he loudly refused the order, causing officers from the chapel area to respond to the education area. They observed Barnes, with his hands raised in front of him, refusing to submit to the search. Barnes was subdued and placed in handcuffs. A subsequent search revealed that ...


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