MATTER OF BARNES v. PRACK

513570.

101 A.D.3d 1277 (2012)

955 N.Y.S.2d 447

2012 NY Slip Op 8586

In the Matter of JESSIE J. BARNES, 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.

December 13, 2012.


After lunch was served to petitioner at his cell, he dumped the food down the front of his cell door and threw food trays on the floor. He then shouted obscenities at the officers on the gallery, used threatening language and flooded his cell until officers turned off the water. As a result, he was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, committing an unhygienic act, refusing a direct order, making threats, wasting food and...

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