MATTER OF DAVIS v. PRACK


63 A.D.3d 1457 (2009)

In the Matter of SAMUEL DAVIS, Appellant, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided June 25, 2009.


While being walked back to his cell, petitioner pushed the correction officer who was escorting him into a wall. He was physically restrained by the officer, but continued to struggle and initially refused the officer's directive to stop resisting. As a result, petitioner was charged in a misbehavior report with engaging in violent conduct, assaulting staff and refusing a direct order. About an hour after this incident, another correction officer was removing petitioner's...

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