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MATTER OF DAVIS v. PRACK

512972.

95 A.D.3d 1574 (2012)

944 N.Y.S.2d 805

2012 NY Slip Op 4051

In the Matter of LAVAR DAVIS, Petitioner, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 24, 2012.

After the conclusion of a visit with his brother, petitioner was placed in the boss chair for a frisk. Petitioner abruptly got up from the chair, grabbed the correction officer conducting the frisk and a physical altercation ensued. During the altercation, petitioner ignored several direct orders to stop and, after other officers intervened, he was eventually placed in mechanical restraints. As a result of this incident, petitioner...

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