Morrison v. Prack

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 the Commissioner of Corrections and Community Supervision which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was scanned with a hand scanner that activated near his waist, prompting a strip frisk to be authorized. He attempted to retrieve an item from his waist when his wrist restraints were removed for the frisk, and correction officers were obliged to subdue him. He was thereafter charged in a misbehavior…