MATTER OF MORRISON v. PRACK

518809

122 A.D.3d 996 (2014)

994 N.Y.S.2d 484

2014 NY Slip Op 07559

In the Matter of SCOTTIE MORRISON, 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.

Decided November 6, 2014.


Petitioner was scanned with a hand scanner that activated near his waist, prompting a strip frisk to be authorized. He attempted to retrieve an item from his waist when his wrist restraints were removed for the frisk, and correction officers were obliged to subdue him. He was thereafter charged in a misbehavior report with attempting to assault staff and failing to comply with frisk procedures. A sharpened piece of metal was recovered from the area soon after the incident...

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