HETSBERGER v. DEPT. OF CORRECTIONS


929 A.2d 1139 (2007)

395 N.J. Super. 548

Mortimer HETSBERGER, Plaintiff-Appellant v. DEPARTMENT OF CORRECTIONS and George W. Hayman, Commissioner, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided August 24, 2007.


Attorney(s) appearing for the Case

Mortimer Hetsberger, appellant pro se.

Stuart Rabner, Attorney General, for respondent (Patrick DeAlmeida, Assistant Attorney General, of counsel; Dewan N. Arefin, Deputy Attorney General, on the brief).

Before Judges KESTIN, WEISSBARD and LIHOTZ.


The opinion of the court was delivered by

KESTIN, P.J.A.D. (retired and temporarily assigned on recall).

Plaintiff, Mortimer Hetsberger, appeals from the summary judgment dismissal of his single-count complaint filed against the Department of Corrections (DOC or the Department) and the Commissioner of the Department. The only claim for relief asserted in the complaint charged that Department regulations and actions "impose[ ] a substantial burden on plaintiff...

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