Johnson v. Artus

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

Petitioner, an inmate, went to emergency sick call complaining of nausea and difficulty breathing which he attributed to his inhalation of bleach in the laundry area. He had complained of the same symptoms a few days prior to this incident and was advised by the nurse that it was not an emergency situation. Petitioner was charged in a misbehavior report with…