Legal Opinion
Nimmons v. Fischer
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 2009PublishedCited by 5 opinions
1Opinion of the Court
After receiving a confidential tip that petitioner was carrying a weapon, a correction officer approached petitioner and observed him carrying a wad of tissue paper in his hand. Petitioner initially refused the officer’s orders to drop the tissue paper, but eventually complied and a search of the paper revealed a razor blade wrapped in tape and covered by a sheath. Petitioner was charged in a misbehavior report with possessing a weapon and failing to obey a direct order. Following a tier III disciplinary hearing, petitioner was found guilty of both charges. This determination was affirmed on…
2Cases cited7 opinions
- Vines v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
- Griffin v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Folk v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Kirby v. LeclaireAppellate Division of the Supreme Court of the State of New York · 2008
- Page v. FischerAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by5 opinions
- Cody v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Horne v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
- McGowan v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
- Weems v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
- Horne v. FischerAppellate Division of the Supreme Court of the State of New York · 2012