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Editor: Mitchell H. Rubinstein
New York Law School

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Sunday, September 22, 2013

Retraining and progressive discipline deemed inappropriate penalties where correction officer was found guilty of using excessive force against an inmate

OATH Index Nos. 731/13 & 1000/13
OATH Administrative Law Judge Alessandra R. Zorgniotti recommended that a correction officer found guilty of using improper force on four occasions be terminated from his position.
The New York City Department of Correction alleged that the correction officer used excessive physical force in dealing with prison inmates such as choking inmates, punching inmates in the head, and slamming one inmate against a wall. Among the charges served on the correction officer was one that alleged that he hit an adult inmate with a radio. 
The correction officer was also charged with making false statements in interviews concerning his conduct. 
ALJ Zorgniotti found that the correction officer’s use of deadly force and his inability to appreciate the seriousness of his misconduct indicated that retraining and progressive discipline were inappropriate penalties.
Accordingly Judge Zorgniotti recommended the individual be dismissed from his position.
The decision is posted on the Internet at:

http://archive.citylaw.org/oath/1

Reprinted by permission New York Public Personnel Law

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2013/09/retraining-and-progressive-discipline-deemed-inappropriate-penalties-where-correction-officer-was-found-guilty-of-using-exces.html

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