MATTER OF THOMPSON v. VOTRAW


65 A.D.3d 1403 (2009)

885 N.Y.S.2d 431

In the Matter of TERRY THOMPSON, Petitioner, v. TIM VOTRAW, as Acting Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided September 17, 2009.


Petitioner and another inmate were involved in a physical altercation during which the other inmate allegedly attacked petitioner with a wooden handle and petitioner retaliated by striking the inmate with the wooden handle as well as with a metal bar. Following this incident, petitioner was charged in a misbehavior report with fighting, possessing a weapon and assaulting another inmate. The next day, after receiving a tip from a confidential informant that petitioner had...

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