Legal Opinion

Martinez v. Fischer

Appellate Division of the Supreme Court of the State of New York

Decided March 10, 2011PublishedCited by 13 opinions

1Opinion of the Court

Petitioner, a prison inmate, was being escorted to a new cell when, apparently dissatisfied with the fact that he would be double-bunked, he turned and attempted to strike one of the accompanying correction officers. In the fracas that ensued, petitioner bit, kicked and spit blood on various officers and refused to stop struggling despite numerous direct orders to do so. As a result, he was served with a misbehavior report charging him with assaulting staff, interfering with employees, refusing a direct order, creating a disturbance, violating movement regulations and refusing a double cell…

2Cases cited6 opinions

  1. Cornwall v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Reese v. BezioAppellate Division of the Supreme Court of the State of New York · 2010
  3. Key v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  4. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2010
  5. Williams v. FischerAppellate Division of the Supreme Court of the State of New York · 2010

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. McNeil v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  2. Huggins v. NoethAppellate Division of the Supreme Court of the State of New York · 2013
  3. Barnes v. FischerAppellate Division of the Supreme Court of the State of New York · 2012
  4. Nunez v. UngerAppellate Division of the Supreme Court of the State of New York · 2012
  5. Jones v. FischerAppellate Division of the Supreme Court of the State of New York · 2012

8 more not listed; retrieve them via the Exa API.

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