Free Declaration - District Court of Delaware - Delaware

Case1:05-cv—O0823-SLR-LPS Document 272 Filed 07/O2/2008 Page10f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GEORGE A. JACKSON, et al., )
Plaintiffs, g
v. 3 C.A, No. 05-823-SLR
STANLEY TAYLOR, et al., 3 JURY TRIAL REQUESTED
Defendants. ;
DECLARATION IN OPPOSITION TO DEFENDANTS' MOTION FOR
SUMMARY JUDGMENT
DARWIN SAVAGE declares under penalty of perjury:
l. I am a plaintiff in the above entitled case. I make this
"Second" declaration in opposition to defendants' motion for summary fg
judgment on the Eighth and Fourteenth Amenedment claims against the
Defendants.
2. The Affidavit of Food Service Director Christopher Senato claim,
in summary, that SCI kitchen conduct extensive pest and vermin control,
and maintainsmpublic Health and DOC Inspection Reports on file which reflect
no signs of pest infestation.
3. The defendants are not entitled to summary judgment because there
is an additional genuine issues of material fact to be resolved.
4. After being classify out of the SCI kitchen, Inbegin working as
an line server in the Merit Building, west—side on or about 8/4/05. I served
food for inmates housed on the west tier which housed 60 inmates.
5. On the morning of June 29, 2008, approximately S;45 am, as I was
preparing to served hotcakes to the inmates, I immediately notice a strange
appearance of one (l) of the hotcakes I intial grabbed to served. Upon further
F:I L-EE 'nation of the hotcake, it appeared to be something foreign in the hot
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Case 1:05-ov—OO823-SLR-LPS Document 272 Filed 07/O2/2008 Page 2 of 4
cake.
6. I immediately notify c/o Terry whoowas theatier officer, and he
took the hotcake and myself to the building office to present it to Sgt.
Yling. At that time, Sgt. Yling torn the hotcake apart to witness a dead fly
intangled within the hotcake. The SCI kitchen was notify by Sgt. Yling.
7. I was infomed by Sgt. Yling that the kitchen officer indicated they
were not going to send anymore hotcakes, and the inmates can either eat them
or throw them away.
8. When I returned to the serving line, I informed the inmates as
to the status of the hotcake and the kitchen response. Most inmates refuse
to eat, whereas a small number of inmates at the hot cakes whereas a fly(s)
was discovered in the batter of one~hotcake.
9. Despite the fact that Defendant Debbie Melvin was the senior Food
Service staff during that morning, no SCI kitchen staff conducted any
investigation, nor taking any sample of the contaminated hotcake. M I h
·wp· l0. C/O Terry place the incident in the tier logbook, and building
Lt. Devrin stated that a 404 incident report was being prepared.
ll. Contrary to defendant‘s Senato affidavit, the SCI kitchen has
a history of sending out contaminated meals with pest and vermin infestation.
ll. The foregoing factual allegations create a genuine issue of
material factwand will, if proved at trial, entitled me to judgment.
PURSUANT TO 28 U.S.C. SECTION 1746, I declare under penalty
of perjury that the foregoing is true and correct.

Darwin Savage
DATED: é- CQ7.(7

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