MATTER OF BELL v. KEYSER

533224.

200 A.D.3d 1384 (2021)

155 N.Y.S.3d 383

2021 NY Slip Op 07050

In the Matter of Elijah Bell, Petitioner, v. William F. Keyser, as Superintendent of Sullivan Correctional Facility, et al., Respondents.

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

Decided December 16, 2021.


Attorney(s) appearing for the Case

Elijah Bell, Romulus, petitioner pro se.

Letitia James , Attorney General, Albany ( Kate H. Nepveu of counsel), for respondents.

Garry, P.J., Aarons, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.


Petitioner, an incarcerated individual, was charged in a misbehavior report with making threats and harassing an employee. According to the report, when petitioner was greeted by a facility nurse upon arriving at the facility's mental health unit for an injection of medication, he became agitated and hostile. Petitioner then dismissed the nurse by waving his hands at him, exclaiming, "Go away. I don't want nothing to do with you." The nurse stepped away from petitioner, at...

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