MATTER OF TERRENCE v. FISCHER


64 A.D.3d 1110 (2009)

In the Matter of GILL TERRENCE, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, et al., Respondents.

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

Decided July 30, 2009.


While petitioner was being frisked for weapons, he attempted to strike a correction officer who had ordered him to stand so that mechanical restraints could be applied. An altercation ensued, which necessitated the involvement of a second correction officer, and petitioner sustained injuries while he was being subdued. As a result of this incident, petitioner was charged in a misbehavior report with refusing a direct order, failing to comply with search and frisk procedures...

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