MATTER OF SOMERVILLE v. FISCHER

512811.

94 A.D.3d 1311 (2012)

942 N.Y.S.2d 386

2012 NY Slip Op 2925

In the Matter of DIONISO SOMERVILLE, 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.


Following a family reunion program visit, petitioner was brought to the auditorium by a correction officer to provide a urine sample for testing, at which time petitioner became disruptive and used profane language. The officer applied a body hold to petitioner to prevent an assault and a physical altercation ensued, which resulted in petitioner striking the officer and the officer forcing petitioner to the ground until petitioner eventually was placed in mechanical restraints...

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