March 16, 2018

Administrative Law Judge finds correction officer exercised reasonable and prudent judgment under the circumstances

Administrative Law Judge finds correction officer exercised reasonable and prudent judgment under the circumstances
Office of Administrative Trials and Hearings, Index No. 0005/18

A New York City Correction Officer was served with disciplinary charges alleging that the officer [1] had abandoned his station to confront an inmate; [2] failed to anticipate a use of force; [3] used excessive force against an inmate and [4] filed a false report.

The officer testified that he had left his post because he was unable to communicate with the inmate through "the window slot;" he did not contact a supervisor because believed he could use interpersonal skills to obtain the information; and it was not until the inmate struck the officer did the situation quickly escalate.

OATH Administrative Law Judge Alessandra F. Zorgniotti held that the officer’s testimony, which was corroborated by the video tape of the event, was credible. 

Finding that the officer exercised reasonable and prudent judgment under the circumstances, Judge Zorgniotti recommended that the appointing authority dismiss the disciplinary charges filed against the correction officer.  

The decision is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/18_cases/18-005.pdf

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that neither the publisher nor members of the staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.