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November 05, 2024

New York City Correction Officer disciplined for spraying chemical agents at a person in custody

New York City New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] Michael D. Turilli recommended a 10-day suspension for a correction officer [Respondent] charged with excessive force for spraying chemical agents at a person in custody. 

Respondent had deployed chemical agents after the person in custody, who was secured in a recreation yard pen, began urinating in the direction of a captain and other officers. The person in custody then attempted to spit at Respondent, and Respondent sprayed the chemical agents at the person in custody two more times.

The ALJ determined Respondent’s three successive sprays of chemical agents were unreasonable because there were practical alternatives available, such as maintaining a safe distance and awaiting instructions from her captain.

Noting that the Department's Disciplinary Guidelines provide for a 10-day minimum suspension for the first substantive use of force violation, Judge Turilli found the Department’s request for a 20-day suspension to be excessive.

Given that Respondent had no prior record of use of force violations and there was no evidence of concealment or deception by Respondent or of injury to the person in custody, the ALJ found no reason to deviate from Disciplinary Guidelines and so recommended to the appointing authority, Commissioner Lynelle Maginley-Liddie.

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


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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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