ALI v. D.O.C

1 Citing case

  1. Maqbool v. Univ. Hosp. of Med. & Dentistry of New Jersey

    CIVIL ACTION NO. 11-4592 (MLC) (D.N.J. Jun. 13, 2012)   Cited 33 times
    Stating that "refusal . . . to summon the medical specialist of the inmate's choice . . . cannot amount to cruel and unusual punishment"

    N.J.S.A. § 30:4-91.1 and N.J.A.C. § 10A:16, both cited by Plaintiff, are wholly inapposite to his circumstances and claims, since Section 30:4-91.1 pertains to "the power to transfer inmates from one institution to another," Gibson v. Lynch, 652 F.2d 348, 354 (3d Cir. 1981), and no private cause of action arises under Section 10A:16. See Ali v. D.O.C., 2008 U.S. Dist. LEXIS 96061, at *22-23 (D.N.J. Nov. 19, 2008) (stating DOC Commissioner promulgated the regulation in accordance with Estelle v. Gamble, which provides constitutional basis for claim for failure to provide medical care, and thus plaintiff had no separate private cause of action under N.J.A.C. § 10A:16). 2.