James v. Goord

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.

While a correction officer was attempting to frisk petitioner with a handheld metal detector, petitioner kept moving his head and ignored the officer’s directive to stop, ultimately falling to the floor. As a result, he was charged in a misbehavior report with refusing a direct order and failing to comply with frisk procedures. He was found guilty of these…