MATTER OF TOWNSEND v. NOETH

526733.

170 A.D.3d 1353 (2019)

95 N.Y.S.3d 654

2019 NY Slip Op 01867

In the Matter of Kevin Townsend, Petitioner, v. Joseph Noeth, as Superintendent of Attica Correctional Facility, et al., Respondents.

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

Decided March 14, 2019.


During a populated prison yard fight, a correction officer observed petitioner making slashing motions towards, and exchanging closed-fist punches with, another inmate. After several direct orders to stop fighting were ignored, force was used to quell the altercation. A razor-type weapon was subsequently recovered in the area, and it was discovered that the inmate with whom petitioner was fighting had sustained injuries consistent with being cut with a weapon. As a result...

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