IN THE MATTER OF SHELL v. SUPERINTENDENT OF ONEIDA CORRECTIONAL FACILITY


18 A.D.3d 1044 (2005)

795 N.Y.S.2d 771

In the Matter of HAROLD SHELL, JR., Petitioner, v. SUPERINTENDENT OF ONEIDA CORRECTIONAL FACILITY et al., Respondents.

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

May 19, 2005.


During a search of petitioner's property, petitioner became loud and boisterous when certain items were confiscated. Although the correction officer who issued the misbehavior report attempted to explain to petitioner the reason the items were being confiscated, petitioner became more disruptive, attracting the attention of other inmates in the area. When petitioner failed to abide by a direct order to stop his disruptive behavior, he was sent back to his housing unit in...

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