Roudette v. Jones

OPINION OF THE COURT

Roger J. Miner, J.

The regulations of the Department of Correctional Services include the following provision: "Mechanical means of physical restraint must never be used for disciplinary purposes. Mechanical means of physical restraint may be used only when necessary while transporting inmates within or outside of the facility, or on orders of a physician when he deems it *137necessary to prevent injury to the inmate or to others.” (7 NYCRR 250.2 [h].) In this proceeding the petitioners challenge the constitutional validity of this provision. They also assert that they have…