IN THE MATTER OF DANIEL RODRIGUEZ // IN THE MATTER OF DOUGLAS TUBBY
A-2616-10T1/A-2706-10T1
Corrections officers, who are defendants in a civil action filed by an inmate, appeal from denials of legal representation pursuant to N.J.S.A. 59:10A-2. The Attorney General relied on disciplinary charges against the officers that had been
withdrawn and did not consider discipline that the inmate received because his disruptive conduct gave the officers reason to believe he posed a threat of imminent assault.
Applying Prado v. State, 186 N.J. 413 (2006), we reverse because the denials are predicated upon findings of probable willful misconduct and actual malice that lack support in the record and are inconsistent with controlling legal principles. 12-20-11
