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August 30, 2024

Disciplinary decision posted on the Internet by the New York City Office of Administrative Trials and Hearings

OATH Administrative Law Judge Tiffany Hamilton recommended termination of the employment of a Correction Officer [CO] who struck a restrained person in custody. 

CO and another correction officer were escorting a rear-cuffed person in custody when that person in custody spat at CO’s face.CO responded by punching the person in custody three times in the face with a closed fist. 

The ALJ rejected CO's argument that the use of force was necessary to protect himself against imminent bodily harm, finding there was no evidence that the person in custody was about to attack CO  and CO's use of three facial strikes was retaliatory and punitive.

Noting the egregiousness of the misconduct, coupled with CO’s extensive disciplinary record that included two prior uses of force, Judge Hamilton  determined that continued employment would be a threat to the good order of the Department. 

Click HERE to access the Administrative Law Judge's decision and recommendation posted on the Internet.

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