MATTER OF TRUMAN v. FISCHER

507970.

75 A.D.3d 1019 (2010)

907 N.Y.S.2d 343

In the Matter of JOSEPH TRUMAN, 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 29, 2010.


After refusing a correction officer's directive to terminate a telephone call, petitioner became verbally abusive toward her and took a fighting stance. When another correction officer intervened, petitioner punched him in the face. The officer proceeded to take petitioner to the ground and, with the assistance of a correction counselor, placed him in mechanical restraints. During this time, petitioner continued to struggle and use obscene language. As a result, he was charged...

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