IN THE MATTER OF WHITE v. SELSKY


20 A.D.3d 786 (2005)

798 N.Y.S.2d 565

In the Matter of GIOVANNI WHITE, Petitioner, v. DONALD SELSKY, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

July 21, 2005.


While being escorted from a prison dormitory, petitioner took a swing at an approaching correction officer. When the escort officer attempted to restrain petitioner, he ignored the officer's orders to stop struggling and resisted a pat frisk. With the assistance of the correction officer who was the target of the attack, the escort officer was finally able to place mechanical restraints on petitioner. He was thereafter charged in two misbehavior reports with assaulting staff...

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