MATTER OF JOHNSON v. LEE

526478.

166 A.D.3d 1275 (2018)

88 N.Y.S.3d 597

2018 NY Slip Op 07817

In the Matter of Ronald Johnson, 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 November 15, 2018.


Petitioner was charged in a misbehavior report with disobeying a direct order, harassing an employee, interfering with an employee and violating frisk procedures. The charges stemmed from a pat frisk of petitioner during which petitioner — without being instructed to do so — loosened his belt and dropped his pants to his knees, exposing his boxer shorts. When the correction officer questioned petitioner's actions, petitioner reportedly responded, "The way you...

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