AUGUST 13-19, 2015
01-2-7643 Shaw v. Dep’t of Corrections, App. Div. (per curiam) (9 pp.) Patrick Shaw, an inmate at Mid-State Correctional Facility, appealed from the decision of the Department of Corrections finding him guilty of disciplinary infraction .705, “commencing or operating a business or group for profit or commencing or operating a nonprofit enterprise without the approval of the Administrator.” The panel reversed and remanded, finding that factual discrepancies prohibited certainty about whether there was substantial evidence in the record to support Shaw’s guilt where the hearing officer relied on the investigator’s summary of a Feb. 13, 2014, telephone that allegedly contained incriminating statements but the phone log produced by the DOC showed that no calls attempted by Shaw on Feb. 12, 13, or 14 connected and the panel was not given the CD on which Shaw’s call was allegedly recorded. The panel also found that Shaw’s allegations of procedural problems, including the timely provision of notice and evidence and the adequacy of visitation as a substitute for telephonic privileges likewise required further factual development for resolution.
