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

Case 1:04-cv-01542-Gl\/IS Document 68-11 Filed O4/12/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Kevin Brathwaite, )
Plaintiff, l
v. l C.A. No. 04-1542-GMS
Thomas Carroll,Warden, et al., l Trial by Jury Demanded
Defendants. l
AF FIDAVIT OF ANTHONY RENDINA
I, Anthony Rendina, having been duly sworn according to the law, do hereby
depose and say the following:
l . I have been employed by the Delaware Department of Correction since March
of 1982. In January of 2002, I was promoted to Inmate Classification Administrator and
I have held this position at all times relevant to the instant action.
2. My job duties and responsibilities include overseeing inmate classification
within the Department of Correction, and I am the Chairperson ofthe Institutional
Release Classification Board (IRCB).
3. Additionally, I am the Comrnissionefs designee for reviewing inmate
disciplinary appeals from the Delaware Correctional Center, (DCC). To accomplish this
task I review the inmate appeals which are sent to me from the DCC Hearing Office.
4. My duty as the Appeals Review Officer is to determine if the at‘te¤da» was
provided with due process, the chance to confront his accuser, and the ri ght to have
witnesses on his behalf. In my official capacity I do not hear testimony or investigate the
incident. lf I have questions or concerns regarding the hearing documentation available

Case 1 :04-cv—O1542-GIVIS Document 68-11 Filed O4/12/2006 Page 2 of 3
some decisions of the [)( ICT I-[caring Officers. I have the authority to reduce a sanction
but cannot increase a sanction. I have reduced. sanctions when I determined that action
was necessary.
o. `l`he rationale behind my decision in ali appeals is based upon my review ofthe
disciplinary documentation which includes, the content ofthe DR. cement ofthe hearing
officers report, witness testimony, (if the offender aslaed to call witnesses}, the
his accuser), to determine iftherc is sufticient evidence for a tinding of guilt. I then
review the ot`1.ender°s appeal. to determine what his appeal issues are.
7. I reviewed Bra.i.tliw‘aite’s appeal form. Iiraithvvaitc stated "i`m not guilty, and
that there was a eonspiracj: against him." Ile was given at least 24 hours notice ofhis
disciplinary Iiearing and the opportunity to request eontrontation o1` his accuser on
October 09, 2004, at vvhic]1 time he refused to participate. [See Attachment B). 'l`he
hearing took place on October 2U, 2,004, at svhich time he was allowed to matte a
statement. Ali the doctimeittation that I reviewed supported the tindirig ofguilty. After
performing this review of Brai1;hwaite`s Appeati, I did not {ind any d ue proeess violations.
Therefore, I aftirmed the DCC. Hearing ()t`lieer’s decision. (See ;\t.tael.itnenl .l~`)
8. Alter reviewing aI] available inforniation and loraning my decisionr l send a
completed appeal decision form to the institution ior their in.t`ormati.on and tiling;. .~\.t`te.r
the appeal decision is processed into the DCC tiles a copy is provided to the offender. ln

Case 1:04-cv-01542-Gl\/IS Document 68-11 Filed O4/12/2006 Page 3 of 3
fact. Braitliwoite admits in his complaint that he was provided at copy of my decision by
the DCC staff
9. I make these statements based upon my personal knowledge and infomation
` os the [nm me Clxissidootion Administrator and Commissionefs Desi gnee to hear
offender appeals from the Disciplinary Hearing Oftioe at the DCC.
Anthony Regina i E
?»~/
SWORN TO AND SUBSCRTBED before me, this ·/2day of ¤·? 06 ,
2006.
[S Notary g U