MATTER OF GITTENS v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

511635.

87 A.D.3d 1194 (2011)

929 N.Y.S.2d 341

2011 NY Slip Op 6444

In the Matter of JEMAL GITTENS, Petitioner, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Respondent.

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

Decided September 15, 2011.


Following an incident in which a number of fights broke out in the prison yard, correction officers lined up inmates to be frisked and photographed. Petitioner made derogatory comments about this process in the presence of many other inmates and continued to do so despite directives by a correction officer to keep quiet. He finally stopped when another inmate suggested that he do so.

As a result of his actions, petitioner was charged in a misbehavior report with using...

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