MATTER OF HEMPHILL v. FISCHER

512804.

94 A.D.3d 1309 (2012)

942 N.Y.S.2d 384

2012 NY Slip Op 2922

In the Matter of JOHN HEMPHILL, Petitioner, v. BRIAN FISCHER, as Commissioner of Corrections and Community Supervision, Respondent.

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

Decided April 19, 2012.


Petitioner became involved in a physical altercation with a correction officer and repeatedly punched the officer despite several direct orders to stop. Another officer intervened and petitioner eventually ceased such conduct after he was placed in mechanical restraints. Petitioner was subsequently charged in a misbehavior report with assaulting staff, engaging in violent conduct and refusing a direct order. He was found guilty of the charges at the conclusion of a tier III...

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