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

Case 1 :04-cv-01542-GMS Document 68-12 Filed O4/12/2006 Page 1 of 2
IN THE UNI ED STATES DISTRICT COURT
FOR T DISTRICT OF DELAWARE
Kevin Brathwaite, )
I Plaintirt`, l .
v. l CA. No. 04-1542-GMS
Thomas Carrol1,Warden, et al., l Trial by Jury Dernandecl
Defendants. I l
AFFIDAiIT OF CATHERINE MALAY
I, Catherine Malay, havin been duly sworn according to the law do hereby
depose and say the following: L
1. lhavc been employed y the Department of Correction since December of
2001. Currently I am the Admi.nlstrati,ve Specialist I, for the Legal Services
Administrator at the Delaware C rrectional Center(DCC). I have held this position since
September of 2004.
2. My official duty with r gard to the Hearing Office in 2004 was to perform data
entry. I did not have decision milking power in the Hearing Office processes.
3. The Hearing Office 51% submitted their daily Disciplinary Hearing
documentation to my office. Up n receipt of the documents] would date stamp the
hearing paperwork and check thj documentation to determine if the inmate was
requesting an appeal. If the inm te cheeked the area for appeal, I wou1d e
documents in a tickler file for 72 hours. If the inmate failed to file the required Appeal
document within the 72 hours I ould wait for an additional 3 to 5 days allowing time for
the institutional mail system to dl liver the paperwork. lf I received the appeal paperwork
[

Case 1 :04-cv-01542-GIVIS Document 68-12 Filed 04/12/2006 Page 2 of 2
me Hearing Utircer s c1ee1s1on1nTJ me computer system.
4. The Hearing Officers began performing the data entry function on March 2005.
5. I make the foregoing stateiments based upon my personal knowledge and
infomation and experience as the Administrative Assistant I to the Legal Services
Adnninistrator.
gatherine Malay dj?
SWORN TO AND SUB%CRlBED before me this, day of gg!/2*] ,
2006. E Q3
an *2
Notary
1 a t
I