ALJ recommends disciplinary charges be dismissed base after finding the testimony of witnesses not credible
OATH Index Nos. 525/12 and 526/12
Two correction officers who broke up a fight between two inmates were charged with beating and kicking both inmates. OATH Administrative Law Judge John B. Spooner found that the testimony of the two inmates, who did not report being assaulted by officers until a day later and who gave contradictory accounts, was not credible. He recommended that the charges against the officers be dismissed.
The decision is posted on the Internet at: