MATTER OF SCOTT v. FISCHER

508615.

75 A.D.3d 962 (2010)

906 N.Y.S.2d 170

In the Matter of MARK SCOTT, 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 22, 2010.


While a correction officer was conducting a pat frisk of petitioner, petitioner appeared to swallow a foreign object that had been secreted in his mouth. Petitioner was escorted to the hospital where an X ray revealed that he had, in his stomach, a razor blade wrapped in some type of material. Petitioner was placed on a contraband watch for the next few days but no razor blade or similar object was found. Petitioner was charged in a misbehavior report with possessing a weapon...

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