Capers v. Governor of New Jersey, Third Cir. (per curiam) (8 pp.)


Capers v. Governor of New Jersey, Third Cir. (per curiam) (8 pp.)


Submitted by New Jersey Sex Crime Lawyer, Jeffrey Hark

The 3RD CIRCUIT HAS affirmed the trial court’s dismissal of a  CRIMINAL DEFENDANT’S TRANSFER TO THE Adult Diagnostic and Treatment Center. 

Plaintiff,a state prison inmate, appeals the District Court’s dismissal of his complaint asserting violations of his civil rights arising out of his incarceration at the Adult Diagnostic and Treatment Center. The court affirms the dismissal of his claims regarding the posting of his name on the sex offender registry, his transfer to the ADTC, and the denial of his request to be transferred out of the ADTC as barred by the applicable statute of limitations. The dismissal of his Eighth amendment claims of inadequate medical treatment is affirmed because, inter alia, he failed to allege that anyone at the ADTC acted with deliberate indifference to his medical needs. The dismissal of his Fifth Amendment self-incrimination claim is affirmed in part and reversed in part because his allegation that he has lost work credits and special privileges for failing to participate in treatment does not rise to the requisite level of compulsion to state a claim for a Fifth Amendment violation and, to the extent that Capers is seeking damages for already-lost commutation time due to his refusal to participate in treatment, his § 1983 claim is barred by the favorable-termination rule of Heck v. Humphrey, but  to the extent that he seeks an injunction to prevent future losses of commutation time, he might be able to proceed and his complaint provides adequate notice of his claim. [Filed May 7, 2013]  The message to take from this decision, again, based on the long line of cases involving civil commitment and sex offender registry, is that once the defendant pleads guilty and or is found guilty, the court’s imposition of the Megan’s Law’s requirements will not be disturbed by any appellate court and the defendant’s efforts will be denied.


Criminal Civil Lawyer

Jeffrey Hark is a New Jersey Civil and Criminal Lawyer.

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