MATTER OF LAMPHEAR v. FISCHER

509292

76 A.D.3d 1166 (2010)

907 N.Y.S.2d 756

In the Matter of JAMIE LAMPHEAR, Petitioner, v. Brian Fischer, as Commissioner of Correctional Services, Respondent.

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

Decided September 30, 2010.


While a correction officer was releasing petitioner from his cell to take a shower, he allegedly tried to violently kick the officer in the leg. During the ensuing scuffle, the officer gave petitioner several orders to comply, which he ignored. Petitioner was eventually subdued, but the incident delayed the shower program for other inmates. Petitioner was charged in a misbehavior report with attempted assault, violent conduct, interference and refusing a direct order, and...

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