RONALD J. BRAGG v. DEPARTMENT OF CORRECTIONS

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0545-06T30545-06T3

RONALD J. BRAGG,

Appellant,

v.

DEPARTMENT OF CORRECTIONS,

Respondent.

_____________________________

 

Submitted March 14, 2007 - Decided May 4, 2007

Before Judges Collester and Lyons.

On appeal from a Final Agency Decision of the

Department of Corrections.

Ronald J. Bragg, appellant pro se.

Stuart Rabner, Attorney General, attorney for respondent (Patrick DeAlmeida, Assistant

Attorney General, of counsel; Sarah B.

Campbell, Deputy Attorney General, on the

brief).

PER CURIAM

Ronald Bragg is an inmate incarcerated at Riverfront State Prison in Camden serving a sentence. He appeals from an "On-The-Spot Disciplinary Adjudication" on July 31, 2006, he received for running through the prison courtyard and the sanction of four hours extra work detail. Bragg argues that the charge was invalid because no rule or regulation prohibited running, and he was not granted a hearing with the shift supervisor as required by N.J.S.A. 10A:4-7.2(a). He further argues that he was deprived of his due process rights because he did not receive a hearing with witnesses, and that the reasons for the finding of guilt and imposition of sanctions were inadequate.

The arguments put forth by Bragg are without sufficient merit to warrant extensive discussion in a written opinion. R. 2:11-3(e)(2). An officer observed Bragg run from A Unit through the courtyard into Hundley Hall, which justified the charge that he violated the prison rules against "horseplay." Bragg was afforded a conference with the shift supervisor within twenty-four hours as required by regulations and he received a fair modicum of due process under the circumstances. His reliance upon Avant v. Clifford, 67 N.J. 496 (1975) is misplaced since the Clifford due process protections extend only to disciplinary issues subjecting an inmate to "grievous loss," which was defined as follows:

[f]orfeiture or withholding of good time credits; confinement in a disciplinary cell; administrative segregation; transfer to another institution or to a higher security status for disciplinary reasons; or any other action which would tend to affect the inmate's release or parole date or have a major change in the condition of confinement.

[Avant, supra, 67 N.J. at 519, n. 21 (cites omitted).]

 
Affirmed.

(continued)

(continued)

3

A-0545-06T3

May 4, 2007