Legal Opinion

Johnson v. Ward

Appellate Division of the Supreme Court of the State of New York

Decided November 6, 1986PublishedCited by 5 opinions

1Opinion of the Court

Petitioner was dismissed from his position as an officer with the New York City Department of Correction following a hearing at which evidence was adduced establishing that he stabbed a prisoner named Gonzales under his supervision in violation of Department rule 7.05.060, prohibiting the use of excessive and unnecessary force against an inmate. Noting mitigating factors, namely the nearly two-year delay in prosecuting the charges and petitioner’s uneventful service since the incident, the Administrative Law Judge recommended that petitioner’s penalty consist of a 60-day suspension without…

2Cases cited5 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. King v. McMickensAppellate Division of the Supreme Court of the State of New York · 1986
  3. Rivera v. BeekmanAppellate Division of the Supreme Court of the State of New York · 1982
  4. O'Shea v. MartinNew York Supreme Court · 1962
  5. Cohen v. McGuireAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by5 opinions

  1. Benesch v. Village of ClaytonAppellate Division of the Supreme Court of the State of New York · 1992
  2. Keuning v. PeralesAppellate Division of the Supreme Court of the State of New York · 1993
  3. Murphy v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
  4. State Division of Human Rights v. YMCAAppellate Division of the Supreme Court of the State of New York · 1988
  5. Whitehead v. McMickensAppellate Division of the Supreme Court of the State of New York · 1987

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