Free Letter - District Court of Delaware - Delaware


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Date: September 9, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:06-cv-00694-GMS

Document 155

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DEPARTMENT OF JUSTICE
JOSEPH R. BIDEN, III
ATTORNEY GENERAL NEW CASTLE COUNTY 820 NORTH FRENCH STREET WILMINGTON, DELAWARE 19801

CIVIL DIVISION (302) 577-8400 FAX (302) 577-6630 CRIMINAL DIVISION (302) 577-8500 FAX (302) 577-2496 FRAUD DIVISION (302) 577-8600 FAX (302) 577-6499 TTY: (302) 577-5783

July 28, 2008 The Honorable Gregory M. Sleet United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 Re: Boyer, et al. v. Taylor, et al., D. Del., C.A. No. 06-694-GMS

Dear Chief Judge Sleet: Please allow this letter to reflect State Defendants' response to Plaintiff Amir Fatir's letter to this Court dated July 21, 2008 and filed July 23, 2008 (D.I. 152) and Helen Fatir's letter dated July 21, 2008 and filed July 24, 2008 (D.I. 153). Plaintiff Fatir and Ms. Fatir claim that the Delaware Correctional Center ("DCC") has a policy to "permit visitors three hour special visits when they have traveled from beyond a 150 mile radius." (D.I. 152 at ¶ 1). Minimum security inmates at DCC are permitted to have two regular 45 minute visits. (Attachment A at p 22 ¶ 1a). Inmates who have visitors who "reside more than one hundred miles from the institution" may request a special visit. The special visit is 90 minutes long. (Attachment B ­ "Special Visits Template" at ¶ 1). To the extent an inmate would like a special 90 minute visit, he must arrange such a visit with the Visit Scheduling Office. (Special Visits Template at ¶ 4). It appears from DCC's records that Ms. Fatir has already arranged and received permission for two special visits. (Attachment C). DCC rules for minimum security inmates do not provide for regular or special visits that are longer than 90 minutes. Plaintiff Fatir mentions that he has been told that other families have received visits longer than 90 minutes. In order to address his

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allegations the DCC would need further information about the dates such alleged visits occurred and the inmates involved. If the Court has any further questions or concerns please do not hesitate to contact me at (302) 577-8400. Thank you. Sincerely, /s/ Erika Y. Tross Erika Y. Tross, DAG Attorney for State Defendants EYT/bja Attachments cc: Amir Fatir, Plaintiff

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