Brown v. Fischer

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in St. Lawrence County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

After petitioner was found to be in possession of gambling paraphernalia, his cell was searched and more such contraband was found. Petitioner refused to speak with a correction sergeant about the incident and the sergeant directed that he be frisked, placed in mechanical restraints and escorted to the special housing unit. The correction officer who frisked…