Brown v. Fischer

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, an inmate at Coxsackie Correctional Facility in Greene County, suffers from brain cancer and has a history of neurological problems, including seizures. While a certified nursing assistant was placing a blood pressure cuff on petitioner’s arm in an attempt to take his blood pressure, petitioner jabbed her in the abdominal area with his left…