1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 56 A.D.3d
  5. 56 A.D.3d 879 (2008)
 

IN THE MATTER OF KIMBLE v. FISCHER

56 A.D.3d 879 (2008)

866 N.Y.S.2d 437

In the Matter of JOSEPH KIMBLE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

November 6, 2008.

During a frisk search, a correction officer observed what appeared to be a balloon in petitioner's mouth and ordered him to spit it out. Petitioner refused, seemingly swallowing the object, and punched the officer in the chest. As a result, petitioner was charged in a misbehavior report with smuggling, disobeying a direct order, violating frisk procedures, engaging in violent conduct and assaulting an employee. Following a tier...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases