KELVIN LEERDAM v. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS), A-1536-20

On Dec. 21, 2020 Officer Cruz observed Kelvin Leerdam and another inmate adopt fighting stances and exchange closed-fist punches; the other inmate threw Leerdam to the ground and the fight continued.
Officers deployed chemical spray to stop the fight; both inmates ignored orders to stop; Leerdam was taken to the clinic and had an abrasion on a finger.
DOC charged Leerdam with prohibited act *.004 (fighting). A sergeant served the charge and a hearing was held on Dec. 28, 2020.
Leerdam, with a counsel substitute, pled guilty, declined to call witnesses or challenge officer reports, and did not make a statement.
The hearing officer sustained the charge and imposed sanctions (90 days restrictive housing; loss of 15 days rec privileges; 60 days commutation). The Assistant Superintendent affirmed on appeal.
On appellate review Leerdam argued (for the first time) he acted in self-defense; the Appellate Division affirmed, finding substantial credible evidence and that due process was afforded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether substantial credible evidence supports DOC's finding that Leerdam fought another inmate	Leerdam impliedly denied the finding but pled guilty at the hearing	Officer eyewitness account, continued fighting after orders and chemical spray, medical evidence of abrasion	Affirmed: substantial credible evidence supports the fighting charge
Whether Leerdam may raise self-defense on appeal and whether it defeats the charge	Leerdam contends self-defense applied	DOC notes self-defense was not raised administratively and the record shows a mutual fight where retreat was possible	Rejected: issue raised for first time on appeal and, on the record, self-defense not established

In re Taylor, 158 N.J. 644 (scope of appellate review of agency decisions)
Ramirez v. Dep't of Corr., 382 N.J. Super. 18 (agency decisions reversed only if arbitrary, capricious, unreasonable, or unsupported by substantial evidence)
Figueroa v. N.J. Dep't of Corr., 414 N.J. Super. 186 (definition and application of substantial evidence standard)
In re Pub. Serv. Elec. & Gas Co., 35 N.J. 358 (definition of "substantial evidence")
McDonald v. Pinchak, 139 N.J. 188 (procedural due process protections in prison disciplinary proceedings)
Nieder v. Royal Indem. Ins. Co., 62 N.J. 229 (issues generally not considered if raised first on appeal)