MATTER OF BAXTER v. ANNUCCI

527980.

173 A.D.3d 1547 (2019)

103 N.Y.S.3d 635

2019 NY Slip Op 05047

In the Matter of Mark Baxter, 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 June 20, 2019.


Upon responding to a call for assistance in the facility's lobby, a correction officer was pushed onto a bench by petitioner and another inmate who were fighting. Although the correction officer's initial attempts to restrain petitioner were unsuccessful, the correction officer used a body hold to restrain petitioner and then ultimately subdued him with the use of mechanical restraints. As a result of this incident, petitioner was charged in a misbehavior report with assaulting...

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