Legal Opinion

Ramirez v. Department of Corrections

New Jersey Superior Court Appellate Division

Decided December 19, 2005PublishedCited by 48 opinions

1Opinion of the Court

The opinion of the court was delivered by

HOLSTON, JR., J.A.D.

This prison disciplinary appeal requires us to examine when an administrator should grant an inmate’s request for a polygraph examination. We hold that an inmate’s right to a polygraph is conditional and the request should be granted when there is a serious question of credibility and the denial of the examination would compromise the fundamental fairness of the disciplinary process.

Wilson Ramirez, an inmate currently incarcerated at East Jersey State Prison, appeals the final agency decision of the Department of Corrections (DOC)…

2Cases cited9 opinions

  1. Henry v. Rahway State PrisonSupreme Court of New Jersey · 1980
  2. Avant v. CliffordSupreme Court of New Jersey · 1975
  3. Johnson v. New Jersey Department of CorrectionsNew Jersey Superior Court Appellate Division · 1997
  4. United States Ex Rel. Wilson v. DeRobertisDistrict Court, N.D. Illinois · 1981
  5. Bishop v. OREGON STATE PEN., COR. DIV.Court of Appeals of Oregon · 1978

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3Cited by48 opinions

  1. DeCamp v. Dept. of CorrectionsNew Jersey Superior Court Appellate Division · 2006
  2. ARTHUR MONTAGUE VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS)New Jersey Superior Court Appellate Division · 2019
  3. BRENSTON AYERS VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS)New Jersey Superior Court Appellate Division · 2019
  4. CHARLES SWEET VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS)New Jersey Superior Court Appellate Division · 2019
  5. DARIUS H. GITTENS VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS)New Jersey Superior Court Appellate Division · 2021

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