MATTER OF HAMILTON v. SELSKY


303 A.D.2d 803 (2003)

755 N.Y.S.2d 518

In the Matter of DERRICK HAMILTON, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided March 6, 2003.


Petitioner was found guilty of violating the prison disciplinary rule which prohibits creating a disturbance. According to the misbehavior report, petitioner was among a group of inmates watching television coverage of the September 11, 2001 attacks when the reporting correction officer heard him say, "F* * * the Americans. They got what they deserved. * * * They have been f* * *ing up everyone else and the people aren't going to stand for it." The officer ordered an already...

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