MATTER OF ABDUR-RAHEEM v. BURGE


39 A.D.3d 927 (2007)

835 N.Y.S.2d 457

In the Matter of JEHAN ABDUR-RAHEEM, Petitioner, v. JOHN W. BURGE, as Superintendent of Elmira Correctional Facility, Respondent.

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

Decided April 5, 2007.


In December 2005, petitioner, a Muslim, was served with an administrative segregation recommendation based on his being suspected of, among other things, influencing other Muslim inmates to stay in their cells during Ramadan and being the catalyst behind an inmate strike earlier in the year. Following a hearing, it was determined that petitioner's continued presence in the general population would pose a threat to the safety and security of the prison facility. The determination...

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