MATTER OF McPHERSON v. LEE

514649.

101 A.D.3d 1330 (2012)

956 N.Y.S.2d 263

2012 NY Slip Op 8615

In the Matter of BRAD McPHERSON, Petitioner, v. WILLIAM LEE, as Superintendent of Green Haven Correctional Facility, et al., Respondents.

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

December 13, 2012.


During an escort, a correction officer ordered petitioner to zip up his jacket. Petitioner became difficult and argued with the officer about it, but he eventually complied. He then removed his hands from his pockets and, when the officer instructed him to return them, petitioner again became argumentative and this time struck the officer in the mouth. The officer responded by striking petitioner and a physical altercation ensued at which point another officer intervened...

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