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EXCESSIVE FORCE: 15-DAY SUSPENSION

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Correction officer found to have used improper force on inmate.

A correction officer was charged with improper use of force against two inmates. That officer and his partner were also charged with making false reports and failing to obtain medical attention for an injured inmate. ALJ John B. Spooner found petitioner proved that the first officer used improper force against one of the inmates but he recommended dismissal of the rest of the charges. The recommended penalty was a 15-day suspension, given the inconclusive proof as to the precise extent of the force used. This was the first OATH case involving video-conferenced testimony by an inmate from a City jail.

Dep't of Correction v. Wingate (in PDF) , OATH Index Nos. 1490/12 & 1491/12 (Nov. 15, 2012).

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