Smalls v. Fischer

After a correction officer witnessed petitioner, a prison inmate, carrying a cup of what appeared to be collard greens back to his cell, the officer inquired whether the contents were on the kosher menu and petitioner replied affirmatively. After discovering that the greens were not on the kosher menu, the officer issued petitioner a misbehavior report charging him with making a false statement and violating mess hall policies. Petitioner was found guilty following a tier II disciplinary proceeding and that determination was affirmed on administrative appeal. Petitioner then commenced this…