Legal Opinion
Daum v. Goord
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 2006PublishedCited by 7 opinions
1Opinion of the Court
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.
Following an incident in which an inmate was assaulted in the mess hall, petitioner was removed from the area in order to be pat frisked. When petitioner failed to cooperate, he was placed in mechanical restraints and force was used to complete the frisk. A razor-type weapon and packets of a substance, which tested positive for marihuana, were recovered…
2Cases cited3 opinions
- Berry v. PortuondoAppellate Division of the Supreme Court of the State of New York · 2004
- Nieves v. GoordAppellate Division of the Supreme Court of the State of New York · 2003
- Hynes v. GirdichAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by7 opinions
- Ramirez v. GoordAppellate Division of the Supreme Court of the State of New York · 2006
- Ortiz v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2009
- Rampersant v. SelskyAppellate Division of the Supreme Court of the State of New York · 2006
- Carter v. GoordAppellate Division of the Supreme Court of the State of New York · 2007
- Covington v. SmithAppellate Division of the Supreme Court of the State of New York · 2009
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