Legal Opinion

Gittens v. New York State Department of Correctional Services

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

Decided September 15, 2011PublishedCited by 11 opinions

1Opinion of the Court

*1195Following an incident in which a number of fights broke out in the prison yard, correction officers lined up inmates to be frisked and photographed. Petitioner made derogatory comments about this process in the presence of many other inmates and continued to do so despite directives by a correction officer to keep quiet. He finally stopped when another inmate suggested that he do so.

As a result of his actions, petitioner was charged in a misbehavior report with using abusive language, interfering with an employee, creating a disturbance and refusing a direct order. He was found guilty of the…

2Cases cited7 opinions

  1. Sierra v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Genis v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011
  3. Correnti v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  4. Applewhite v. GoordAppellate Division of the Supreme Court of the State of New York · 2005
  5. Ballou v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2011

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Toro v. FischerAppellate Division of the Supreme Court of the State of New York · 2013
  2. Linnen v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  3. Ross v. PrackAppellate Division of the Supreme Court of the State of New York · 2012
  4. Hernandez v. PrackAppellate Division of the Supreme Court of the State of New York · 2013
  5. Hyatt v. FischerAppellate Division of the Supreme Court of the State of New York · 2014

6 more not listed; retrieve them via the Exa API.

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