MATTER OF McFADDEN v. ARMMITAGE


1 A.D.3d 670 (2003)

766 N.Y.S.2d 617

In the Matter of REGINALD McFADDEN, Petitioner, v. DAVID ARMMITAGE, as Lieutenant and Hearing Officer at Clinton Correctional Facility, Respondent.

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

November 6, 2003.


Petitioner was found guilty of violating the prison disciplinary rules prohibiting threats and violent conduct. As set forth in the misbehavior report, petitioner became aggravated during a medical callout and stated to the nurse that he "will remember when [he] get[s] out of here and kill five more people." Although the nurse involved in the incident testified that the threat was not directed toward her, she nevertheless stated that she was frightened by the incident. Contrary...

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