FEDERAL COURT CRIMINAL LAW — CORRECTIONS
Capers
v. Governor of New Jersey, Third Cir. (per curiam) (8 pp.)
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.
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