MATTER OF DONAH v. PRACK

519555.

127 A.D.3d 1538 (2015)

6 N.Y.S.3d 332

2015 NY Slip Op 03601

In the Matter of JAMES DONAH, Petitioner, v. ALBERT PRACK, as Director of Special Housing and Inmate Disciplinary Programs, et al., Respondents.

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

Decided April 30, 2015.


A correction officer unlocked the door to petitioner's cell to allow him access to the shower. A second officer followed and, as that officer approached the cell, petitioner made direct eye contact with him and forcefully threw open the door. To avoid being struck in the head and face, the officer raised his arm to absorb the impact. As a result of this incident, petitioner was charged in a misbehavior report with assaulting staff and engaging in violent conduct. He was found...

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