MATTER OF DAVIS v. FISCHER

510797.

83 A.D.3d 1356 (2011)

920 N.Y.S.2d 916

In the Matter of RAMAL DAVIS, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided April 28, 2011.


A correction officer was standing in front of petitioner's cell delivering a food tray when petitioner threw the tray back at the officer causing the contents to spill all over him. Petitioner then proceeded to shove the officer in an attempt to exit his cell, at which point the officer pushed the inmate to the back of the cell until assistance arrived and petitioner was placed in mechanical restraints. As a result of this incident, petitioner was charged in a misbehavior...

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