MATTER OF BARCA v. FISCHER

509764.

80 A.D.3d 1038 (2011)

915 N.Y.S.2d 392

In the Matter of HAMILCAR BARCA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided January 20, 2011.


When petitioner, a prison inmate, was observed picking up an unknown object, he was escorted into a common room by a correction officer who ordered him to submit to a pat frisk. During the frisk, petitioner spun and struck the officer in the eye with his right fist, after which petitioner was subdued without further incident. As a result, petitioner was served with a misbehavior report charging him with assaulting staff and failing to comply with frisk procedures and, following...

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