Daniel Castro v. Brian Fischer, Albany County Supreme Court, James Bogin, Managing Attorney, Albany AND Al Vega v. Brian Fischer, Alb. Co. Sup. Ct)
These Article 78’s challenged the dispositions of two related prison disciplinary hearings. Both clients were charged with observing female correction officers through a peep hole in a bathroom wall. The two petitioners received misbehavior reports that were identical, except for the petitioners’ names. As modified on the administrative appeal, both petitioners were found guilty of violating Rule 101.22 (stalking) and Rule 107.11 (harassment), and both received penalties including one year SHU and one year recommended loss of good time. The petitions asserted that the allegations of the misbehavior reports, that petitioners were looking at female officers through a bathroom peep hole over a period of several months, do not provide substantial evidence that the petitioners violated the specific rules alleged to have been violated. In the first quarter of 2012 we received a decision. The court noted that the Attorney General had taken the position that the harassment charge was not supported by substantial evidence, and the court agreed. As to the remaining stalking charge, the court found the evidence was sufficient to support it. The court remanded to re-determine the penalty, in light of dismissal of the harassment charge.