MATTER OF MUNGO v. DIRECTOR OF SPECIAL HOUS. & INMATE DISCIPLINARY PROGRAMS

512697.

93 A.D.3d 1057 (2012)

940 N.Y.S.2d 696

2012 NY Slip Op 2146

In the Matter of MARCUS MUNGO, Petitioner, v. DIRECTOR OF SPECIAL HOUSING AND INMATE DISCIPLINARY PROGRAMS, Respondent.

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

Decided March 22, 2012.


Petitioner was being escorted to the bathroom area to provide a urine specimen for urinalysis testing when he punched an officer with a closed fist. During the ensuing physical altercation, petitioner continued to throw punches and was given several orders to cease such conduct, which he ignored. Other officers responded and petitioner was eventually placed in mechanical restraints. He was thereafter charged in a misbehavior report with, among other things, assaulting staff...

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