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Dismissal of disciplinary charges recommended where correction officers were unable to anticipate the need for, or degree of, force required

Dismissal of disciplinary charges recommended where correction officers were unable to anticipate the need for, or degree of, force required
Correction v Dominguz and Edward Martinez, OATH #550/10; 551/10

OATH Administrative Law Judge Alessandra Zorgniotti recommended dismissal of charges brought against two New York City Department of Corrections correction officers alleging violations of various provisions of the Department's use of force directive.

Where, as here, said Judge Zorgniotti, events unfold spontaneously with little time for the officer to react, it is not possible for an officer to anticipate the use of force and notify a supervisor.

Nor was the level of force used to subdue the inmate excessive said the ALJ.

ALJ Zorgniotti also dismissed charges alleging it was misconduct for the officers to wear black leather gloves, finding the Department had condoned the practice.

Full post as published by New York Public Personnel Law on March 08, 2010 (boomark / email).