Free Declaration - District Court of Delaware - Delaware

Case1:O6—cv-00053-JJF D0cument7 Filed O2/17/2006 Page10f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES A. WILSON, ET: AL I
Plaintiff's :
v. :
; CIV. ACT. NO.: .. _
HELEN LOHMAN,Individually,and : Ck (gfb CiL%\7i)
Official Capacity, SCOTT MORGAN :
Individually and Official Capacity,:
TOM CARVAN, Individually, and Offi—:
cial Capacity, JAY PLUMMER,Indivi— :
dual, and Offical Capacity} ‘-fof
jyQdr¢i[M/6, Defendantg, CA{A€#J1/yy :
DECLARATION IN SUPPORT OF PLAINTIFFS' MOTION FOR A
PRELIMINARY INJUCNTION
l. I am the plaintiff,et,al in this case. I make this declaration in support of
my motion for a preliminary injunction to ensure that plaintiffs' Civil Rights,
and Constitutional rights cease from being violated.
2. As set forth in the Complaint in this case, defendants' are MIS—APPROPRIATED
LY using the inmate commissary fund and property.
3. Attached to Civil Complaint are exhibits of commissary expenditures showing
that the inmate fund is being used inappropriately.
4. The buying of law library books.
5. Buying~of locker boxes
6Buying of office supplies,pcc programs.
7. The purchase of chairs and tables,etc.
8. Plaintiffs' suffers irreparable harm in the form of continued use of inmate
commissary fund.
9. The giving away of inmates' property to the officers plaintiffs suffers irr-
eparabled harm.
10. Each building officers has the key to the inmate commissary and is able to
obtain inmates property at will.
ll. Joe Fields, Jay Plummer works in the commissary and gives inmates property
to other Staff.,
l2. Scott Morgan and Tom Carvan are Recreational Staffs that receives inmates
commissary from Joe Fields and Jay Plummer.

D. Case1:O6-cv-00053-JJF Document7 Filed O2/17/2006 Page2of3
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13. Scott Morgan orders the movies for the inmates and refuse to screen
rated r movies that are not sexually explicit and shows the same repeated
movies costing the inmate fund $500.00 in expenditures on a regular basis.
14. Scott Morgan is having inmate recreational equipment sent to his house
breaching fuduciary duty of contract of inmate commissary fund.
15. Helen Lohman oversees inmates commissary fund and is using it for
products that do not benefit inmates as a whole, breaching her fuduciary
duties concerning inmates commissary fund.
16. For the reasons set forth in the memorandum of law filed with this
motion, the plaintiffs is entitled to a temporary restraining order requi-
ring the defendants to cease from using the inmates commissary fund and
products contrary to duties and contract, and a preliminary injunction
requiring the defendants from given away inmates commissary, the rising
of prices and the selling of outdate items to inmates.
17. For the foregoing reasons, the court should grant the plaintiffs'
motion in all respects.
Pursuant to 28U.S.C. 1746 , I declare under penalty of perjury that the
foregoing is true and correct
James A.Wilson l/%§KO6
= Ii
ms 0Jf\&/é1/-

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