MATTER OF GERMAN v. FISCHER

515746.

108 A.D.3d 998 (2013)

970 N.Y.S.2d 126

2013 NY Slip Op 5490

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

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

Decided July 25, 2013.


A correction officer was preparing a group of inmates to move from their cells to the exercise yard. Petitioner, who was handcuffed, was backing out of his cell when he turned and struck the officer in the hand. The officer, in turn, used force to gain control of petitioner and gave him several direct orders to stop resisting, which he ignored. Ultimately, the officer gained control of petitioner without further incident. The exercise program, however, was delayed as a result...

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