M.X.L. v. NEW JERSEY DEPT.


876 A.2d 869 (2005)

379 N.J. Super. 37

M.X.L., Appellant, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES/NEW JERSEY DEPARTMENT OF CORRECTIONS, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2005.


Attorney(s) appearing for the Case

John Douard, Assistant Deputy Public Defender appearing Amicus Curiae argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Douard, on the brief).

Mary Beth Wood, Deputy Attorney General argued the cause for respondents (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Assistant Attorney General, of counsel, Ms. Wood, on the brief).

Appellant filed a pro se brief.

Before Judges NEWMAN, AXELRAD and HOLSTON, JR.


The opinion of the court was delivered by

NEWMAN, P.J.A.D.

M.X.L. appeals from his placement in the Modified Activities Program (MAP). He contends through an amicus brief filed by the Division of Mental Health Advocacy that he was placed on MAP status without a hearing and an opportunity to present evidence in violation of both his federal and State constitutional rights to procedural and substantive due process. He also asserts he was denied a hearing...

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