MATTER OF BARNES v. PRACK

511778.

87 A.D.3d 1251 (2011)

930 N.Y.S.2d 308

2011 NY Slip Op 6625

In the Matter of JESSIE J. BARNES, Petitioner, v. ALBERT PRACK, as Acting Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

Decided September 29, 2011.


As correction officers were attempting to deliver property to petitioner in his prison cell, he became argumentative with them and then threw a clear liquid out of the feed-up hatch that struck officers in their chests and arms. The hatch was immediately closed, after which petitioner covered the window on his cell door with paper and refused several direct orders to remove it. A short time later, officers arrived to perform a cell search and, when petitioner refused to exit...

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