MATTER OF JONES v. FISCHER

510508.

84 A.D.3d 1604 (2011)

922 N.Y.S.2d 879

In the Matter of MICHAEL JONES, Appellant, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 19, 2011.


Petitioner and several other inmates were being escorted to their cells when a correction officer informed petitioner that he was assigned to a double bunk cell, specifically cell "17-2T." Petitioner protested that he could not be placed on the top bunk of a double bunk cell because he had a back injury. The officer directed petitioner to step into the cell until he secured the other inmates at which time he would address petitioner's complaint. Petitioner refused the officer...

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