In Matter of Tenace v. Lombard , David Tenace, an inmate at Clinton Correctional Facility , received a letter from the Clinton County Clerk. When a corrections officer asked Tenace to hand over the document, Tenace initially complied, but then grabbed it back, ripped it up and attempted to devour it. Eventually, Tenace spit out the paper remains.
After the Commissioner of Correctional Services found Tenace guilty of refusing a direct order, interfering with an employee, and possessing contraband, that decision was affirmed on an administrative appeal.
Tenace then filed a special lawsuit with the Albany County Supreme Court -- pursuant to CPLR Article 78 -- claiming that the letter was not contraband and challenging the disciplinary determination. When the matter was transferred to the Appellate Division, Third Department, the AD3 noted that, "The misbehavior report, together with [Tenace's] own testimony, in which he admitted to taking the letter from the corrections officer, ripping it up and putting it in his mouth, constitute[d] substantial evidence supporting the determination of guilt."
Chew on that!
To download a copy of the Appellate Division's decision, please use this link: Matter of Tenace v. Lombard