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RAMIREZ v. DEPT. OF CORRECTIONS

887 A.2d 698 (2005)

382 N.J. Super. 18

Wilson RAMIREZ, Appellant, v. DEPARTMENT OF CORRECTIONS, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 2005.

Attorney(s) appearing for the Case

Wilson Ramirez, appellant pro se.

Peter C. Harvey, Attorney General, attorney for respondent (Jean Reilly, Deputy Attorney General, of counsel; Christopher C. Josephson, Deputy Attorney General, on the brief).

Before Judges CUFF, PARRILLO and HOLSTON, JR.

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...

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