IN THE MATTER OF DAUM v. GOORD


27 A.D.3d 858 (2006)

810 N.Y.S.2d 256

In the Matter of TERRY DAUM, 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.

March 9, 2006.


Following an incident in which an inmate was assaulted in the mess hall, petitioner was removed from the area in order to be pat frisked. When petitioner failed to cooperate, he was placed in mechanical restraints and force was used to complete the frisk. A razor-type weapon and packets of a substance, which tested positive for marihuana, were recovered from petitioner's underwear. He was thereafter charged in a misbehavior report with possessing a weapon, smuggling, engaging...

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