MATTER OF CASEY v. PRACK

518043.

124 A.D.3d 1110 (2015)

In the Matter of ERIC CASEY, 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 January 22, 2015.


A correction officer observed petitioner, a prison inmate, retrieve an unknown item from a cell. After the officer ordered petitioner to submit to a pat frisk, petitioner attacked the officer and had to be forcibly subdued. Petitioner was accordingly charged in a misbehavior report with assaulting staff, engaging in violent conduct, refusing a direct order and refusing a pat frisk. Following a tier III disciplinary hearing, he was found guilty as charged. The determination...

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