Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1 :O4~cv-O1 542-all/ls' a m m. _aEy- ·` ' ‘ :• 7/2006 Page 1 '6f*l" P!-rtw-‘¤ A
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DISCIPLINARY REPORT _ y
Iqlsclpllnary Type: gage; Housing Unit: , . r . lR#: .
1 l SBl# ‘ ‘ Inmate Name Inst Name Locatlon—Of.lncldent ` Date _ Time
00315294 = rethwalte. Kevln C DCC Bldg.17 B 1'ler 10I09I2004 09:00
lolatlons:1 2I200. 1 ~= = r 1. 00.20 I s •; orThr te re B vlor .1 = _ • . = ‘ .,· =· l fDa e= r- :
A- : ·, d 2. 20 .06 Cr in = = lth = = • ire H .; • 06/ 00. LG Fa n · • = a O :· r 2.13I2 .
Pgssesslon of Ngn-Dangerous Qggtragggd, I2QQ.110 Pgssesglgg of ynggthgglggg Clgghlng
tnesses:1.N|5owpgl'§, Edwin 2- 3-
=.e --.·.=. ·‘ .-
n Sept. 9, 2004 At 0900 Hours Sgt Wallace And CIO Nkowpara Were Conductlng A Strlp Search Of IIM Brathwalte. IIM Brathwail
as Ordered By Sgt Wallace To Completely Strip Down,T0 Which He Took Off His Shirt And Shorts But As He Got To His Underwez
‘ · Razor Fell Out Of What Appeared To Be A Pocket ln The Front Of The Underwear.llM Brathwalte Gave The Razor To Sgt Wallac
· · Sgt Wallace Ordered IIM Brathwalte To Take Off His Underwear. IIM Brathwalte Refused And Stated That He Wasn'T Gettin
aked For Sgt Wallace To Look At His Ass. Sgt Wallace Again Ordered IIM Brathwalte To Take Off His Underwear,lIM Again Refuser
» e Wallace Then Ordered lIMe Brathwalte To Get Dress That He Would Need To Go See The Area Lt About Refusing To Strip. lll
= rathewalte Then Charged The Cell Door And Put Hls Ann In It So That CIO Nkowpara And Sgt Wallace Could Not Close It. As Sr
altace Tried To Push IIM Brathwaltes Ann Back Into The Cell,Then IIM Brathwalte Draw Back His FlstAnd 'l'hen Throw A Punch I
~ r Wallace. Sgt Wallace Then Sprayed IIM Brathwalte With Pepper Foam. IIM Brathwalte Then Backed Away From `l'he Door And
as Secure. Back·Up Was CalIed,Whlle Waiting For The Back-Up IIM Brathwalte Took Something Out Of The Pocket ln Th
nderwearAnd Put lt ln Hls Mouth And Appeared To Swallow lt. When Back·Up Anlved IIM Brathwalte Stated He Would Come Or
· · Not Glve Anymore ProbIems.The Cell Door Was Then Opened And Sgt Philips Started To Handcuff IIM Brathwalte,As Sgt Phillip
· ced `l'he First Cuff On IIM Brathwalte And He Tumed In An Attempt To Strike Sgt Philips. IIM Brathwalte Was Taken To The Flor
= re He Was Handcuffed And Shackled. IIM Brathwalte Was Then Taken To Shu 20 And Secured In A Cage By Sgt Philips And S;
— venson. Lt Yoder Was Notified Of The Incident Details. Sgt Wallace Returned To Bldg 17 And Completed 1'he Shakedown, Durin
` : Shakedown The Underwear IIM Brathwalte Had On Were Checked And Found To Have A Pocket ln The Front No Othe
-- lrabarrd Was Found ·
T `iortlng Officer: Wallagg, Robert,} ICQ Qo;@_@!Sgt. - Large Inst.)
I ·.‘’ ‘.’-.» ·.1r .·‘‘¢ Z.- .`‘= .·‘1‘ -
¥= · late action taken by: Wallace, Robert J ;QO CorpgraIISgt, - Large lng].
Inmate Pepper Foamed, Back-Up Called, Contraband Secured, Area Lt Notltied Of Incident And Accomplished All Appropriate
"°P°””°'* I ... . . ..
;‘ii¢5“f>= 1 Q ,e.;.‘t.e,le i=_‘. i&si*.ii¤`£i`· ·t, .• lsposltlonzlilét Date:@ -- Time: @ Cell secured? g
IReason: NIA
• lsposltlon Of Evidence: Secured By Sgt Wallace Bagged And 537 Completed And All Fonrvarded To The Shlft Commander
»‘=
· · proved:E Dlsapproved: I'.] Approved Byzgemglgs, Kirk (Shift Qgmrngnggr- Large {get.)
°m'¤¤'**$i Inmate Was Seen By Medlcal Then Placed ln Shu Isolation.
#:2 _....-’. s .-,. I 2 --·- 1 I ..·.l I 1‘: J. 3 -...- r; —a-:· Ii il.e Aii;-eshrrllisdiielirlélirréh ttl! aa·- 1
· ate Received: Tlme: Received From: ...
< hlft Supervisor Determination:
[] Upon reviewing this Disciplinary Report. I conclude that the offense may be properly responded to by anlmmediate
revocation of the following prlvilegeslsee reverse side) for hours not to exceed 24 hours)
I ] Upon reviewing this Dlsclpllnary Report,~l conclude that the offense would be properly responded to by Disciplinary Hearlne
Reynolds, Kirk (Shift Commander - Large Inst.)
.F;ena1.¢2.