MARTIN ROGERS VS. NEW JERSEY DEPARTMENT OF CORRECTIONSÂ (NEW JERSEY DEPARTMENT OF CORRECTIONS)
A-4210-15T1
| N.J. Super. Ct. App. Div. | Sep 12, 2017Background
- Martin Rogers, serving a long-term sentence, was charged after an altercation at South Woods State Prison where CO Hunter witnessed Rogers push and swing at inmate Summers, who punched Rogers and rendered him unconscious.
- Summers’ statement corroborated Hunter: Summers was authorized to be in the religious-services room; Rogers was not and initiated the confrontation.
- Rogers denied initiating the fight, offered varying accounts, and claimed Summers struck him first; he requested a polygraph and alleged retaliation.
- The hearing officer denied some confrontation questions, permitted counsel substitute, and Rogers declined to call witnesses; the officer found Rogers guilty of prohibited acts for fighting and being in an unauthorized area.
- Sanctions: 120 days administrative segregation, 120 days loss of commutation, 15 days loss of recreation; the assistant superintendent upheld the decision and denied the polygraph request.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to confront/cross-examine witnesses | Rogers: hearing officer omitted and limited Hunter’s testimony and denied pre-approved questions, violating due process | DOC: hearing procedures complied with N.J.A.C.; permitted confrontation where necessary | Court: Rogers received required Avant protections; no due process violation; held for DOC |
| Credibility resolution / weight of conflicting evidence | Rogers: inconsistencies and injuries show he was not the aggressor; verdict unsupported | DOC: Hunter and Summers’ statements corroborate each other; evidence supports findings | Court: substantial evidence supports guilt; hearing officer reasonably resolved credibility inferences for DOC |
| Right to polygraph | Rogers: polygraph needed due to credibility issues and alleged retaliation | DOC: polygraphs are discretionary; no serious credibility issue or new evidence to warrant one | Court: denial not arbitrary; no substantial inconsistency in Hunter’s accounts; polygraph unnecessary |
| Sufficiency of sanctions | Rogers: sanctions excessive or undeserved given his account | DOC: sanctions consistent with regulation and findings | Court: sanctions were appropriate and not arbitrary |
Key Cases Cited
- Stallworth v. McGreevey, 208 N.J. 182 (discussing limited appellate role in agency review)
- Henry v. Rahway State Prison, 81 N.J. 571 (standard for reversing agency decisions)
- Figueroa v. N.J. Dep't of Corr., 414 N.J. Super. 186 (definition of substantial evidence)
- Pub. Serv. Elec. & Gas Co. v. Polillo, 35 N.J. 358 (substantial evidence standard)
- McGowan v. N.J. State Parole Bd., 347 N.J. Super. 544 (substantial evidence as reasonable basis)
- Avant v. Clifford, 67 N.J. 496 (prison disciplinary due process rights)
- Morrissey v. Brewer, 408 U.S. 471 (due process in parole revocation context; quoted for rights scope)
- Johnson v. N.J. Dep't of Corr., 298 N.J. Super. 79 (polygraph requests not automatically required)
- Ramirez v. Dep't of Corr., 382 N.J. Super. 18 (polygraph granted only where serious credibility question affects fundamental fairness)