Free Declaration - District Court of Delaware - Delaware

Case1:05-cv—00823-SLR-LPS Document 271 Filed 07/01/2008 Page1of4
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} i Jul -1 2000 Q
IN THE UNITED STATES DISTRICT COURT E L____I:l_M_I__3 §
e U.S. DXSFVYIYCT COL/RT i
- FOR/`THE DISTRICT OF `DELAWARE €...,,I .Dmp*.C.?.U.,¥.E}...€L"YYfE§.EB.-..i
GEORGE A. JACKSON, et al., )
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Plaintiffs, >
V. g c.A. N0.·O5—823-SLR/LPS
STANLEY TAyLoR,et ai., i JURY TRIAL REQUESTED
Defendants. g
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SUMMARY JUDGMENT
Carl M. Walker declares under penalty of perjury:
l. I am a plaintiff in the above entitled case. I make this declaration
in opposition to_defendants' motion for summary judgment on the claim of excessive
heat and extreme cold at the SCI kitchen "old—side" work area.
2, The Affidavit of Michael Knight claim, in summary, that only one beef
cube steak was reported with a parsite. The Affidavit of Patrica Ditto claim that
inmates are and was not force to work in the kitchen, and Affidavit of Chris Senato
claim in summary, that preventive maintenance is regular perform. .
3. The defendants are not entitled to summary judgment because there are
genuine issues of material fact to be resolved. Ihaeecmssua- aI;
4. I am currently working in the SCI kitchen, I state that the working
condition in the kitchen has not change since the filing of this action. There is
a defective ventilation system on the "old—side" kitchen area, whereas most of the
meals are prepared. During the extreme winter months the kitchen is extremely cold,
while during the summer months the kitchen heat in the kitchen is excessive. Cooks
are profusely sweating in the food because the "old—side" exhaust hood ventiiation
system does not operate as efficiently as the "new—side“ exhaust hood ventilation

Case 1 :05-cv—00823-SLR-LPS Document 271 Filed 07/01/2008 Page 2 of 4
system.
5. We are told to drink plenty of water, but you must wait long periods
to get access to the one (l) toilet seat bathroom for 25 inmate kitchen workers to
use. Inmates must also use the one toilet seat bathroom to defecate, while other
inmates have wait in pain and discomfort and further mental anguish.
6. As an employee of the kitchen when I was housed in the Merit building,
it was Defendant Senato and Patrica Ditto policy that if an inmate quit, refuse to·d
work or get fired from the kitchen, you would receive a major prison infraction which
would increase yuor points and be move immediately out of the air condition cool
Merit building.
7. Contrary to defendants‘ affidavit, I sum up my personal experience
in my oral deposition at the prison. Nothing has changed since the filing of this ..·
action in regards to the extreme temperatures.
8, The foregoing factual allegations create a genuine issue of material fact
and will, if proved at trial, entitle me to judgment. A pla n
Pursuant to 28 U.S.C. Section 1746, I declare under penalty of perjury that
the foregoing is true and correct.
DATED: June 26, 2008 S
Carl M. Walker#00l73378

Case 1 :05-cv—00823-SLR-LPS Document 271 Filed 07/01/2008 Page 3 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GEORGE A. JACKSON, et al., )
)
Plaintiffs, )
)
v. ) C.A. No. 05-823-SLR
)
STANLEY TAYLOR, et al., ) JURY TRIAL REQUESTED
)
Defendants. )
CERTIFICATE OF SERVICE
awt
I, Carl M. Walker, hereby certify, that onQ2_7 day of June, 2008,
I forward an attached copy of an DECLARATION IN OPPQSITION, by placing
it in the SCI prison mailbox to be forward to:
Catherine Damavandi
Deputy Attorney General
Department of Justice
820 North French St., 6th Fl.
Wilmington, DE 19801
Attorney for Defendants
’ /7
I
Carl M. Walker, pro se

Case 1 :05-cv—008235S|2R-LP§ Document 271 Filed 07/01/2008 Page 4 0f 4
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