MATTER OF BURKE v. COUGHLIN


97 A.D.2d 862 (1983)

In the Matter of Douglas Burke, Appellant, v. Thomas A. Coughlin, Iii, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

November 3, 1983


On December 13, 1981, petitioner was an inmate at the Auburn Correctional Facility confined to a cell in the special housing unit (SHU) under administrative protection (i.e., for nondisciplinary reasons). At about 2:00 P.M. on that day, Correction Officers (C.O.) Grebleski and Clarke went to his cell to take him to make a phone call to his family. Outside petitioner's cell, C.O. Clarke began a pat frisk of petitioner who vigorously objected to the manner in which the frisk...

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