MATTER OF WATSON v. GARDNER

525054.

156 A.D.3d 1050 (2017)

66 N.Y.S.3d 545

2017 NY Slip Op 08597

In the Matter of GEORGE WATSON, Petitioner, v. GERALD GARDNER, as Acting Captain at Shawangunk Correctional Facility, et al., Respondents.

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

Decided December 7, 2017.


Petitioner triggered the alarm of the facility Cellsense Scanning Device that detects the presence of metal. Although a strip search revealed no contraband, petitioner again triggered the alarm. Petitioner was then ordered to submit to an X ray to determine whether petitioner had any metal in his body. He refused to submit to the X ray, and he was charged in a misbehavior report with refusing a direct order and failing to comply with frisk and search procedures. Following...

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