Wright v. Fischer

98 A.D.3d 759, 949 N.Y.S.2d 819 (N.Y. App. Div. 2012) · Appellate Division of the Supreme Court of the State of New York, Third Department · August 2, 2012

Summary

The court confirmed a prison disciplinary determination finding petitioner guilty of assaulting staff, engaging in violent conduct, and creating a disturbance. It held that substantial evidence supported the determination, that credibility issues were for the Hearing Officer, and that any error in denying access to the injured officer’s medical records was harmless.

Holdings

  1. The determination was supported by substantial evidence from the misbehavior report, related documentation, and the involved correction officer's testimony.
  2. Petitioner's denial and retaliation claim presented credibility issues for the Hearing Officer to resolve and did not warrant annulment of the determination.
  3. Although the Hearing Officer should not have denied petitioner's request for the injured officer's medical records without a showing that disclosure would jeopardize institutional security, the error was harmless and did not require reversal.
  4. The record did not indicate that the Hearing Officer was biased or that the determination flowed from alleged bias.

Questions Presented

  1. Whether substantial evidence supported the prison disciplinary determination finding petitioner guilty of assaulting staff, engaging in violent conduct, and creating a disturbance.
  2. Whether the Hearing Officer improperly resolved credibility issues against petitioner.
  3. Whether denial of petitioner's request for the injured officer's medical records required annulment of the determination.
  4. Whether the Hearing Officer was biased or the determination resulted from bias.

Disposition

dismissed

Cases Cited (8)

  • Matter of Nelson v. Fischer, 93 A.D.3d 1059 (2012)(followed)
  • Matter of Bridgeforth v. Fischer, 78 A.D.3d 1401, 1401 (2010)(followed)
  • Matter of White v. Fischer, 87 A.D.3d 1249, 1250 (2011)(followed)
  • Matter of Jackson v. Dubray, 56 A.D.3d 919 (2008)(followed)
  • Matter of Jones v. Fischer, 69 A.D.3d 1065, 1066 (2010), leave denied, 16 N.Y.3d 707 (2011)(followed)
  • Matter of Joseph v. Fischer, 67 A.D.3d 1103, 1104 (2009)(followed)
  • Matter of Vega v. New York State Department of Correctional Services, 92 A.D.3d 991, 992 (2012)(followed)
  • Matter of Kalwasinski v. Bezio, 80 A.D.3d 1068, 1069 (2011)(followed)

Cited In (0)

No citing cases on record yet.

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