MATTER OF SMITH v. PRACK

513941.

98 A.D.3d 1180 (2012)

950 N.Y.S.2d 826

2012 NY Slip Op 6243

In the Matter of NIKIEA SMITH, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

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

September 20, 2012.


Correction officials received a letter written by an inmate claiming to be the victim of a sexual assault by a correction officer. Included in the envelope with the letter was a condom that appeared to contain semen. The officer identified in the letter was placed on administrative leave, and the alleged victim was transferred to another correctional facility. When questioned, the alleged victim denied being sexually assaulted, and tests revealed that the condom did not contain...

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