D.G. v. Rodriguez

Summary

The Supreme Court, Albany County, granted D.G.'s CPLR Article 78 petition challenging disciplinary confinement under New York's HALT Act. The court held that possession of multiple cellular phones, without specific evidence establishing an imminent risk of serious physical injury, did not justify segregated confinement exceeding the statutory limits. It annulled the disciplinary determination, ordered restoration of privileges and good-time credit, directed release from the Special Housing Unit, and required expungement of the disciplinary findings.

Holdings

1. The imposition of segregated confinement exceeding fifteen days was unlawful because the record did not establish through specific, objective, and fact-specific findings that Petitioner's possession of multiple cellular phones was heinous or destructive or created a significant risk of imminent serious physical injury and an unreasonable risk to facility security.
2. Petitioner's failure to specifically raise before the Hearing Officer whether his conduct met the HALT Act's heinous-or-destructive standard did not bar review under the circumstances.
3. Expungement of the disciplinary findings and penalty was warranted rather than remittal for a new disposition.

Questions Presented

1. Whether the Hearing Officer properly applied Corrections Law § 137 (6)(k)(ii) in imposing more than the HALT Act's ordinary limits on segregated confinement.
2. Whether the record contained competent, sufficient, and fact-specific evidence that Petitioner's possession of multiple cellular phones was heinous or destructive and created a significant risk of imminent serious physical injury and an unreasonable risk to facility security.
3. Whether Petitioner's failure to specifically preserve the HALT Act objection barred judicial review.
4. Whether annulment and expungement, rather than remittal for a new disposition, were appropriate remedies.

Disposition

other