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MATTER OF ALMANZAR v. CITY OF NEW YORK CITY CIVIL SERV. COMMN.

7160. 100355/16.

166 A.D.3d 522 (2018)

89 N.Y.S.3d 140

2018 NY Slip Op 08062

In the Matter of Geronimo Almanzar et al., Appellants, v. City of New York City Civil Service Commission et al., Respondents.

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

Decided November 27, 2018.

The underlying disciplinary proceeding arose out of a physical confrontation between petitioners, who are correction officers, and Robert Hinton, an inmate, inside Hinton's Rikers Island cell. It was not disputed at the hearing that the officers used significant force against Hinton, causing him to sustain injuries including nasal and spinal fractures. The question was whether the force was excessive and, more precisely, whether...

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