MATTER OF HEYLIGER v. KIRKPATRICK

523570.

153 A.D.3d 989 (2017)

56 N.Y.S.3d 910

2017 NY Slip Op 06014

In the Matter of DEREK A. HEYLIGER, Petitioner, v. MICHAEL KIRKPATRICK, as Superintendent of Clinton Correctional Facility, et al., Respondents.

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

Decided August 3, 2017.


While petitioner was being escorted from the yard to his cell by two correction officers, he became aggressive and struck one of the officers in the face. During the physical altercation that ensued, petitioner ignored directives to cease engaging in such conduct. After other officers intervened, he was eventually subdued and then escorted to the hospital. Thereafter, he was charged in a misbehavior report with assaulting staff, creating a disturbance, engaging in violent...

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