MATTER OF JOHNSON v. GOORD


33 A.D.3d 1173 (2006)

822 N.Y.S.2d 822

In the Matter of LARRY 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.

Decided October 26, 2006.


Petitioner refused to return to his cell while being escorted from the first aid corridor and struck a correction officer with a closed fist. Other officers responded and assisted in placing petitioner in mechanical restraints. During the struggle, petitioner bit one of the correction officers on the wrist. As a result, two misbehavior reports were filed against petitioner, one charging him with refusing a direct order, assaulting staff, disturbing the order of the facility...

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