German 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.

A correction officer was preparing a group of inmates to move from their cells to the exercise yard. Petitioner, who was handcuffed, was backing out of his cell when he turned and struck the officer in the hand. The officer, in turn, used force to gain control of petitioner and gave him several direct orders to stop resisting, which he ignored. Ultimately,…