03-20-09 Ortiz v. New Jersey Department of Corrections A-2394-07T1

03-20-09 Edwin Ortiz v. New Jersey Department of Corrections
A-2394-07T1

Edwin Ortiz is an inmate currently incarcerated at Northern
State Prison who has been identified as a member of a Security
Threat Group, the Latin Kings. See N.J.A.C. 10A:5-1.3; N.J.A.C.
10A:5-6.5. Denying membership, Ortiz invoked the Department of
Corrections' inmate-remedy system, N.J.A.C. 10A:1-4.1 to -4.9.
We discuss the Department's regulations governing STGs and the
inmate-remedy system. Because the Department did not respond in
accordance with its regulations, and Ortiz did not file an
administrative appeal, we dismiss the appeal for failure to
exhaust administrative remedies and direct the Department to
consider an administrative appeal.