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IN THE MATTER OF DIXON v. MILLER

28 A.D.3d 984 (2006)

812 N.Y.S.2d 392

In the Matter of JOE DIXON, Petitioner, v. DAVID MILLER, as Superintendent of Eastern Correctional Facility, Respondent.

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

April 20, 2006.

While in the presence of other inmates, petitioner loudly complained about the manner in which a pat frisk was conducted. He then threw himself on the floor, began screaming and crying and claimed that he had been violated. As a result of this incident, he was charged in a misbehavior report with creating a disturbance and making false statements. He was found guilty of the former charge following a tier II disciplinary hearing...

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