In the Matter of Mercado v. Selsky , after a search of Israel Mercado's cell, correction officers filed a "misbehavior report" which cited Mercado for possession of gang related material.
Although Mercado claimed a First Amendment right to the "contraband," he was still found guilty after a disciplinary hearing.
An administrative appeal ensued and the outcome remained unchanged.
Intent on overturning the underlying determination, Mercado filed a special lawsuit -- a CPLR Article 78 proceeding -- with the Albany County Supreme Court which transferred the case to the Appellate Division, Third Department.
The AD3 affirmed the charge and noted that the restrictions were not constitutionally violative since they were "reasonably related to the legitimate penological interest of maintaining prison security."
Apparently, when it comes to prisons there's little room for play, boy.
To download a copy of the Appellate Division's decision, please use this link: Matter of Mercado v. Selsky