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Punishment Was “Shocking to One’s Sense of Fairness”

In an Article 78 proceeding, the Fourth Department determined the punishment imposed upon an inmate (for an assault on staff) after a Tier III disciplinary hearing, was too severe. The Court determined that “the punishment imposed of four years’ confinement in the Special Housing Unit (SHU) together with four years’ loss of good time and various privileges “ ‘ is so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one’s sense of fairness’ “ … .  Considering the inmate’s age at the time of the incident (17) and the facts of the incident, the Fourth Department reduced the time in the SHU and the loss of good time and privileges to 18 months.  In the Matter of Cookhorne v Fischer, 162, TP 12-01634, 4th Dept. 3-15-13

 

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