MATTER OF LAU v. ARTUS

510191.

81 A.D.3d 1024 (2011)

917 N.Y.S.2d 344

In the Matter of JOHN LAU, Petitioner, v. DALE ARTUS, as Superintendent of Clinton Correctional Facility, Respondent.

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

Decided February 3, 2011.


Petitioner, a prison inmate, was being escorted with 34 other inmates to the recreation yard when a fight broke out between two of the inmates. The inmates were given several direct orders to turn and face the wall, but instead participated in an organized effort to prevent staff from responding to the fight. After petitioner was identified from the block yard list, he was served with a misbehavior report charging him with refusing a direct order, interfering with staff,...

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