MATTER OF WASHINGTON v. LEE

524871.

156 A.D.3d 1033 (2017)

64 N.Y.S.3d 612

2017 NY Slip Op 08591

In the Matter of JAMES WASHINGTON, Petitioner, v. WILLIAM LEE, as Superintendent of Eastern N.Y. Correctional Facility, Respondent.

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

Decided December 7, 2017.


Petitioner was among a group of inmates who were being escorted to the mess hall when a correction officer pulled one inmate out of line to be pat frisked. The remaining inmates, including petitioner, were given direct orders by two different correction officers to proceed to the mess hall, but they refused and remained in the corridor. Additional staff were called to the area and, after the pat frisk of the inmate was concluded and he rejoined the group, petitioner and the...

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