Free Response to Discovery - District Court of Delaware - Delaware

Case 1:05-cv-00823-SLR-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GEORGE A. JACKSON, et al., Plaintiffs, v. STANLEY TAYLOR, et al., Defendants. ) ) ) ) ) ) ) ) )

C. A. No. 05-823-*** JURY TRIAL REQUESTED

DEFENDANT STAN TAYLOR'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS Pursuant to Federal Rule of Civil Procedure 36, Defendant responds to Plaintiff's Request for Admissions as follows: 1. Plaintiff George A. Jackson's July 19, 2005, grievance was filed as an

"Emergency Grievance" and received by the SCI Warden's Office on July 20, 2005. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 2. Plaintiff George A. Jackson's July 19, 2005, "Emergency Grievance" was

not returned to the inmate for processing through the normal Inmate Grievance Procedure (IGP) by the SCI's Warden's Office. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 3. Plaintiff George A. Jackson's July 19, 2005, "Emergency Grievance" was

received by the Chairman on July 21, 2005. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement.

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4.

Plaintiff George A. Jackson's July 19, 2005, "Emergency Grievance" was

not returned to the inmate as unprocessed grievance by the SCI Grievance Chairman. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 5. During all times relevant to the filing and reviewing of Plaintiff George A.

Jackson's "emergency grievance" the Inmate Grievance Chairman was Michael J. Atallian. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 6. A description of George A. Jackson's "emergency grievance" states,

"Inmate workers are constantly experiencing daily symptoms of heat exhaustion (excessive sweating, shortness of breath, etc.,) from the deprivation of an adequate ventilation at the work place." RESPONSE: Admitted, that these words are from inmate Jackson's grievance. Denied that inmate Jackson's grievance is factually correct. 7. A description of George A. Jackson's "emergency grievance" states,

"...and compensate inmate workers for irreparable damages suffered from delay/denial of a safe and healthy work environment." RESPONSE: See Response to No. 6. 8. All twenty-five named Plaintiffs was [sic] committed to the custody of the

Department of Corrections, and work at the SCI main kitchen between July 2003 thru July 2005 as inmate kitchen workers.

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RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 9. DOC Food Service Department does not maintain certification records of

SCI main kitchen, containing the name of person who performed the inspection of the kitchen. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 10. Defendants have completed ServSafe training requirements as part of their

training as a DOC Food Service Correctional Officer. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 11. DOC Food Service staff has not been trained or educated in the

recognition, avoidance and prevention of unsafe conditions at the SCI main kitchen. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 12. George A. Jackson's July 19, 2005, "Emergency Grievance" was granted

in favor of the grievant by all three (3) levels of the Inmate Grievance Procedure. RESPONSE: See Response to No. 6. 13. Since the filing of George A. Jackson's July 19, 2005, "Emergency

Grievance" the exhaust ventilation system on the "old side of the SCI main kitchen has not been replaced, maintained and operated as to ensure the required protection by maintaining a volume and velocity of exhaust air sufficient to gather dusts, fumes, vapors

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or gases from the numerous commercial size convectional, conventional ovens and other commercial equipment. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 14. The exhaust system shall be in operation continually during all operations

which it is designed to served. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 15. compound. RESPONSE: Denied. 16. According to the Inmate Grievance DOC Policy 4.4. V procedure: H. INMATES ARE PROHIBITED FROM SUBMITTED [sic] MORE THAN ONE GRIEVANCE ARISING FROM A SINGLE INCIDENT. There are seven (7) inmate housing buildings within the SCI prison

RESPONSE: Answering Defendant has retired and does not have sufficient knowledge to admit or deny this statement. 17. job issue. RESPONSE: Answering Defendant has no personal knowledge to admit or deny this statement. 18. All inmate kitchen workers while working in the SCI main kitchen are Plaintiff George A. Jackson's July 19, 2005, "emergency grievance" was a

housed in the same building.

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RESPONSE: Answering Defendant does not have sufficient knowledge to admit or deny this statement. 19. There were no established and supervised programs for DOC Food

Service staff at the SCI main kitchen prior to July 19, 2005, for the education and training of food service staff in the recognition, avoidance and prevention of unsafe conditions at the SCI main kitchen. RESPONSE: Answering Defendant does not have sufficient knowledge to admit or deny this statement. 20. Employers need to periodically evaluate their training programs to see if

the necessary skills, knowledge and routines are being properly understood and implemented by their trained employees. RESPONSE: Answering Defendant does not have sufficient knowledge to admit or deny this statement.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Catherine Damavandi_______ Catherine Damavandi (ID # 3823) Deputy Attorney General State of Delaware Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants January 2, 2008

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CERTIFICATE OF SERVICE I hereby certify that on January 2, 2008, I electronically filed the attached Defendant Stan Taylor's Response to Plaintiff's Request for Admissions with the Clerk of Court using CM/ECF. I hereby certify that on January 2, 2008, I have mailed by United States Postal Service, the document to the non-registered parties on the attached list.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Catherine Damavandi Catherine Damavandi, ID#3823 Deputy Attorney General Department of Justice Carvel State Bldg., 6th Fl., 820 N. French Street Wilmington, DE 19801 [email protected]

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List of Non-Registered Parties George A. Jackson SBI No.: 171250 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Charles Blizzard SBI No.: 166670 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Roy R. Williamson SBI No.: 291856 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Carl Walker SBI No.: 173378 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Darwin A. Savage SBI No.: 232561 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Charles B. Sanders SBI No.: 160428 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Timothy L. Malloy SBI No.: 171278 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Darus Young SBI No.: 282852 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Frank Williams SBI.: 261867 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947 Anthony Morris SBI.: 300363 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 Samuel Jones SBI.: 465297 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947 Gilbert Williams SBI.: 137575 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947 Joseph White SBI.: 082985 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947 Howard Parker SBI No.: 165324 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947

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Kevin Spivey SBI No.: 258693 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 James Johnson SBI No.: 155123 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Roderick Brown SBI No.: 315954 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Roger Thomas SBI No.: 292590 22249 Cubbage Pond Road Lincoln, DE 19960 Lawrence B. Dickens SBI No.: 124570 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 Jerome Green SBI No.: 147772 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947

Rique Renynolds SBI No.: 266486 Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947 Vernon Truitt SBI No.: 188191 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 José Serpa SBI No.: 350322 Sussex Correctional Institution Post Office Box 500 Georgetown, DE 19947 John F. Davis SBI No.: 263753 SCCC Route #6, P.O. Box 700 Georgetown, DE 19947 Eldon Potts SBI.: 211193 Morris Community Corrections 300 Water Street Dover, DE 19901