Legal Opinion

McLean v. Fischer

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

Decided June 25, 2009PublishedCited by 17 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.

Petitioner was frisked by correction officers during a routine visit to receive medication and was found to have a razor blade melted into a toothbrush hidden in his waistband. After its discovery, petitioner repeatedly struck the officer who frisked him, and assaulted several other officers during the ensuing struggle to subdue him. Petitioner was…

2Cases cited8 opinions

  1. Scott v. FischerAppellate Division of the Supreme Court of the State of New York · 2008
  2. Jones v. GoordAppellate Division of the Supreme Court of the State of New York · 2000
  3. Jackson v. FisCherAppellate Division of the Supreme Court of the State of New York · 2009
  4. Brown v. GoordAppellate Division of the Supreme Court of the State of New York · 2004
  5. Orr v. SelskyAppellate Division of the Supreme Court of the State of New York · 2002

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

3Cited by17 opinions

  1. Quezada v. FischerAppellate Division of the Supreme Court of the State of New York · 2011
  2. Abreu v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  3. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Diaz v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Barnes v. BezioAppellate Division of the Supreme Court of the State of New York · 2011

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

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