MATTER OF SUTHERLAND v. COUGHLIN


211 A.D.2d 955 (1995)

621 N.Y.S.2d 417

In the Matter of Patrick Sutherland, Appellant, v. Thomas Coughlin, III, as Commissioner of The Department of Correctional Services, et al., Respondents

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

January 19, 1995


Casey, J.

On April 22, 1993, petitioner, an inmate of Clinton Correctional Facility in Clinton County, was informed by Correction Lieutenant McCormick that a note had been received which threatened petitioner's life. Petitioner was urged to enter protective custody but refused. Several hours later in a pat frisk, a correction officer found a homemade shank in the waistband of petitioner's pants. A misbehavior report charged petitioner with violating prison...

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