Free Motion to Dismiss for Failure to State a Claim - District Court of Delaware - Delaware

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Disciplinary Type: Claggl ` I H sing Unit: Bfgg 18 II lR#: 1Ql63‘|7 _
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___003·l5294 rathwaite, Kevin_C_ I DCC __ _l__ B|dg.1}f_B Tier __j 0!09f2004 l Ogg}
lt/lolations: 1.02r'2Q0.201 Assault, 1,06i'200.2G3 Disdrgerly or Threatgnigg Behavior, 1.]Bf2DO._2‘lB Possession of Dangerous
Cgggaband, 2.Q§lg00.1U6 Creating g Health, Safety gr Fire Hazard, 2,Q6l200,‘lQ8 Fgiligg to Obey an Order, 2.13r’g0Q.
Possession gf mon-pangeroos Contrabahd, :*200.1 10 Eossessigg gf Unauthorigeg Clothing
;W_itnesses:1,Nkowg-arg, Edwin 2. Phi|ipI s, David 3, Stevenson, Matt
On (3;-lr 9, 2004 At 0900 Hours Sgt Wallace And CIO Nkowpara Were Conducting A Strip Search Of Illvl Brathwalte. 1lM Elrathwall
Wes Ordered By Sgt Wallace To Completely Strip Do·tn.To Which He Took Off His Shirt And Shorts But As He Got To His Llnderwer
·A Razor Fell Out Of What Appeared To Be A Pocket I The Front Of The Underweanlllvl Erathwaite Gave The Razor To Sgtwallac
lAnd Sgt Wallace Ordered lllvl Brathwilte To Take Off His Underwear. IlM Brathwalte Refused And Stated That He Wasn‘T Gettin
Naked For Sgtwallace To Look At His Ass. Sgtwallace Again Ordered IIM Brathwaite To Take Off His Underwear,llM Again Refuser
Egt Wallace Then Ordered l!Me Brathwaite To Get Dress That He Would Need To Go See The Area Lt About Refusing To Strip. ifi
rathewaite Then Charged The Cell Door And Put Hi Arm in It So That CIO Nkowpara And Sgt Wallace Could Not Close lt. As Sr
lllvallace Tried To Push l.lM Brathwaites Arm Back Int The CeIl,Then lllvl Brathwaite Draw Back His Fist And Then Throw A Punch r
jSgt Wallace. Sgt Wallace Then Sprayed lllvl Brathwai e With Pepper Foam. Illvi Elrathwaite Then Backed Away From The Door And
Was Secure. Back-Up Was Called,While Waiting F r The Back-Llp UM Brathwaite Took Something Out Of The Pocket In Th
,Underwear And Put lt in His Mouth And Appeared TolSwalIow lt, When Back-Up Arrived UM Brathwaite Stated He Would Come Oi
{And Not Give Anymore Problems.'l`he Cell Door Was 'lihen Opened And Sgt Philips Started To Handcufl UM Brathwaite,As Sgt Phillip
Placed The First Cuff On IIM Brathwaite And He Tuml d In An Attempt To Strike Sgt Philips. ll`M Brathwaite Was Taken To The Flor
Where He Was Handculfed And Shackled. UM Brathwjaite Was Then Taken To Shu 20 And Secured in A Cage By Sgt Philips And S;
lStevenson. Lt Yoder Was Notified Of The Incident Details. Sgt Wallace Returned To Bldg 17 And Completed The Shakedown, Durin
`The Shakedown The Underwear lllvl Brathwaite Had On Were Checked And Found To Have A Pocket In The Front No Othr
hontrabarrd Was Found ·
_'Reporting 0fflcer:Wallacg Bobgrtd {CO Cogporgllggt. - Large inst.)
llmmedlate action taken by: Wallace, Rgged J ·CO Corpgrallsgt. · Lage inst.
lliimaie Pepper Feamed. Bacl<·Up Called, Conlrabarlcl Secured, Area Lt Notified Of Incident And Accomplished All Appropriate
=___ __ III I_I I M OffienrElI£rIrIlUlsposftio_n Details II I I
lDispositlon:gjé Date:@ Timmyjg Cell secured? Q2;
lReason: NIA
[Disposition Of Evidence: Secured By Sgt Wallace B gged And 537 Completed And All Forwarded To The Shift Commander
Approved: E Disapprovod: El Approved B Reynolds, Kirk [Shri Qgmggggder - Lago lggt.)
lC°mm*-`lntsilnmate Was Seen By Medical Then Plac d ln Shu isolation.
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: BEE RBO¤]V9d2 {,0* Time: Received From; J_ [,.,,9 'I?¢0[{A/
Shift Supervisor Detemlnation: ·_ _
5 [] Upon reviewing this Disciplinary Report, I conc ude that the offense may be properly responded to by an immediate
i revocation ofthe following privilegeslsee reve e side) for hours not to exceed 24 hours)
K Upon reviewing this Disciplinary Report, I concl de that the offense would be properly responded to by Disciplinary I-lcrine
1 ;Zé?/'/
Reynolds, Kirk (Shift Commander- Large Inst.) · __].
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