WILLIAMS v. FISCHER

511294.

89 A.D.3d 1333 (2011)

932 N.Y.S.2d 915

2011 NY Slip Op 8515

MICHAEL WILLIAMS, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, et al., Respondents.

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

Decided November 23, 2011.


When a correction officer witnessed petitioner exiting a classroom and began to question him, petitioner became argumentative and ignored several direct orders to return to his cell. Petitioner then took an offensive stance and struck the officer in the chin, after which several officers physically restrained him while he continued to struggle despite numerous orders to stop resisting. As a result, petitioner was served with a misbehavior report charging him with assaulting...

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