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MATTER OF BOLEY v. SELSKY

50 A.D.3d 1411 (2008)

857 N.Y.S.2d 287

In the Matter of ANTHONY BOLEY, 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.

Decided April 24, 2008.

While petitioner was being escorted to the restroom, he suddenly moved aggressively toward a correction officer and attempted to "head-butt" him. Petitioner then continued to struggle with correction officers, despite their repeated orders to stop resisting, until the officers ultimately took him to the floor and applied leg irons. Petitioner was thereafter charged in a misbehavior report with attempted assault, engaging in violent...

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