Free Letter - District Court of Delaware - Delaware

Case 1 :06-cv-00694—GI\/IS Document 138 Filed 06/23/2008 Page 1 of 3
Amir Fatir # 137010
1181 Paddock Road
Smyrna, DE 19977
June 18, 2008
l_ F I L E D ’
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The Honorable Gregory M. Sleet [ Q
President Judge { J UN 2 Q 2008
United States District Court 1 { QC M_ 1 Z
844 King Street, Lockbox l8 us} DjSlilClCC0lll?;
Wilmington, DE 19801 E .... .P22;Li.&.;’?;.&€.·&...L..-...-...;
Re: Boyer, et al. v. Taylor, et al., 06-694-GMS
Dear Judge Sleet:
It has recently been brought to my attention that Plaintiff Donald Boyer has been
classified to return to general population from the MHU (Maximum Housing Unit) since
December 2007. However, it is reported, his actual transfer has been vetoed and! or
suspended by Security Chief Scarborough.
It appears that Plaintiff Boyer is suffering from retaliation because of his
participation in this § 1983 civil action. Such retaliation for engaging in a
constitutionally protected activity is not permitted.
When Plaintiff Boyer transfers to general population, the most likely building to
which he will retrun is D-Building. It seems likely that the State defendants know that
Mr. Boyer’s return to D—Building will eliminate their claim that plaintiffs’ request for a
TRO to shut down D—Building could no longer be considered moot. (Because each
plaintiff can be transferred to D-Building at any time, the D-Building situation is
"capab1e of repetition, but evading review." See Hardwick v. Brinson, 523 F.2d 798,
800.)
Plaintiff Boyer has a right to be treated equally with all other people who have
been sent to SHU, then MHU and gained classification back to general population. His
participation in this lawsuit should not be a reason for retaliation against him by the
prison administration.
Please ask the prison to provide you with a copy of Plaintiff Boyer’s
classification, the results of the MDT, IBCC, and ICC Boards and any notes and
cornrnents made by his counselor and classification teams regarding his classification
back to Medium Security.
lf you find the prison’s treatment of the plaintiff to be suspicious, please conduct
or order an investigation and take all additional action you deem appropriate.

Case 1 :06-cv-00694—GI\/IS Document 138 Filed 06/23/2008 Page 2 of 3
Thank you for your time and consideration.
Sincerely,
Amir Fatir
cc: Commissioner Carl Danberg
Warden Perry Phelps
Erika Y. Tross, Esq.

Case1:06—cv-00694—GIV|S D0cument138 Filed 06/23/2008 Page30f3
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