MATTER OF SCOTT v. COOMBE


228 A.D.2d 996 (1996)

645 N.Y.S.2d 558

In the Matter of Herman Scott, Petitioner, v. Philip Coombe, Jr., as Commissioner of The New York State Department of Correctional Services, Respondent

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

June 27, 1996


Peters, J.

On September 16, 1994, an inmate named Darrell Schermerhorn was assaulted by other inmates in the bathroom area of the main gym at Clinton Correctional Facility in Clinton County. During the course of this assault, Schermerhorn was stabbed and seriously wounded. No correction officers witnessed the assault and Schermerhorn refused to answer any questions or otherwise cooperate in the investigation. Subsequently, in a misbehavior report dated...

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