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MATTER OF UMBER v. MURPHY

304 A.D.2d 931 (2003)

757 N.Y.S.2d 379

In the Matter of AARON UMBER, Petitioner, v. ROBERT J. MURPHY, as Acting Special Housing Director, et al., Respondents.

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

Decided April 10, 2003.

Mercure, J.

While on sick call, petitioner reported that he had been raped by his cellmate on more than one occasion. An investigation ensued which revealed that petitioner's claim was unfounded and that the sexual contact was consensual. As a result, petitioner was charged in a misbehavior report with violating prison disciplinary rules prohibiting inmates from engaging in sexual acts, having physical contact, participating...

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