MATTER OF CHIARAPPA v. FISCHER

510918.

84 A.D.3d 1628 (2011)

923 N.Y.S.2d 310

In the Matter of WILLIAM CHIARAPPA, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

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

Decided May 19, 2011.


During a search of petitioner's cell, a correction officer found a folded metal can lid hidden under some clothing on the shelf of petitioner's large locker. Petitioner, in turn, charged at the officer and tried to strike him with a clenched fist. In response, the officer forced petitioner to the ground and held him until other officers assisted in placing petitioner in mechanical restraints. Petitioner continued to resist despite the officer's directives to stop. Petitioner...

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