IN THE MATTER OF HEMPHILL v. SELSKY


26 A.D.3d 548 (2006)

808 N.Y.S.2d 503

In the Matter of JOHN HEMPHILL, 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.

February 2, 2006.


Based on a confidential tip that petitioner was returning from the correctional facility recreation yard with a weapon, a correction officer conducted a pat frisk on petitioner. When the correction officer felt something in petitioner's front pocket and asked what it was, petitioner took his right hand off the wall. As a result, the correction officer took petitioner to the floor and secured him in a leg hold. A 1½-inch razor was found in petitioner's right front pocket...

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