IN THE MATTER OF GOURDINE v. GOORD


18 A.D.3d 1045 (2005)

795 N.Y.S.2d 772

In the Matter of CLARENCE GOURDINE, 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.

May 19, 2005.


Petitioner was charged in a misbehavior report with violating the prison disciplinary rules which prohibit fighting, assaults on inmates and possession of a weapon. The misbehavior report relates that petitioner and another inmate were seen exchanging punches and were ordered to stop. Petitioner complied, but then ran up a set of stairs to a landing, where he complied with another order to place his hands on the wall. While being handcuffed, blood was noticed on petitioner...

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