Davis v. Prack
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an amended judgment of the Supreme Court (Rumsey, J.), entered October 2, 2008 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Correctional Services finding petitioner guilty of violating certain prison disciplinary rules.
While being walked back to his cell, petitioner pushed the correction officer who was escorting him into a wall. He was physically restrained by the officer, but continued to struggle and initially refused the officer’s directive to stop resisting. As a…
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