MATTER OF DAVISON v. ANNUCCI

526879.

169 A.D.3d 1318 (2019)

95 N.Y.S.3d 403

2019 NY Slip Op 01474

In the Matter of Darnell Davison, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, Respondent.

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

Decided February 28, 2019.


While a correction officer was escorting petitioner back to his cell following a mental health interview, petitioner indicated that he did not want to return and attempted to head butt the officer in the face. The officer used physical force to restrain petitioner and, while doing so, petitioner kicked another officer in the knee and injured him. As a result of this incident, petitioner was charged in a misbehavior report with assaulting staff, engaging in violent conduct...

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