IN THE MATTER OF JOHNSON v. GOORD


4 A.D.3d 582 (2004)

771 N.Y.S.2d 577

In the Matter of CLYDE JOHNSON, Petitioner, v. GLENN S. GOORD, as Commissioner of Correctional Services, Respondent.

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

February 5, 2004.


Mercure, J.P.

Petitioner was frisked after exiting the visiting room of the state correctional facility where he was incarcerated. While removing his underwear during the frisk, a tied-off piece of a condom that had been torn open fell from petitioner's groin. He was charged in a misbehavior report with smuggling and possessing contraband. As a result of this incident, petitioner was placed in a special drug watch room. While housed there, he put feces on a feed-up...

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