Appellate Division of the Supreme Court of the State of New York November 23, 2011 (Crenshaw v. Fischer)

Petitioner, a prison inmate, was observed by a correction officer engaging in a fight with another inmate in the prison yard and ignored direct orders to stop fighting until a warning shot was fired by another officer in a watch tower. As a result, petitioner was charged in a misbehavior report with violent conduct, fighting, creating a disturbance and refusing a direct order.