Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:05-ov—00823-SLR-LPS Document 264 Filed 06/13/2008 Page1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GEORGE A. JACKSON, et al., )
Plaintiffs, g
v. g C.A. No O5-823-SLR
STANLEY TAYLOR, et al., g JURY TRIAL REQUESTED
Defendants. g I
DECLARATION IN OPPOSITION TO DEFENDANTS' MOTION FOR Sl @Q;§@N 13»HKmM¤3l I
SUMMARY JUDGMENT _ Q
Darwin A. Savage declares under penalty of perjury: lg;} §
L* '“ TFNCI OF D LAWAHE _
I am a plaintif in the above entitled case. I make this declaration in
opposition to defendants` motion for summary judgment on the Eighth Amendment
condition of confinement claim against the named defendants.
2. The defendants' affadivits claim, in summary, that they train
inmate kitchen workers, that there never been an instance where inmate kitchen
worker or DOC Food Service Staff's health was affected due to kitchen temperature.
They state that DOC Food Staff are exposed to the same temperatures and
conditions.
3. The defendants are not entieled to summary judgment because there are
genuine issues of material fact to be resolved.
4. When I fist started in the kitchen, I was assigned to work in the
"old-side" kitchen area as a diet cook asistance. I was trained by inmate
George A. Jackson who had worked in the kitchen longer than any other inmate or
DOC Food Service Staff. He was the head diet cook and during the filing of this
action, Plaintiff Jackson had worked in the kitchen since November, 1992.
5. During the time I worked in the kitchen, I remember when Lt was so
hot and humid on the "old-side" kitchen that the floors remain wet and I
personally slip and fell and hurt my back. The kitchen staff sent me to the medical

Case 1:05-ov—00823-SLR-LPS Document 264 Filed 06/13/2008 Page 2 of 4
department, and they gave me time off from the kitchen. Due to the inadequate
ventilation system on the "old-side" kitchen, whatever the temperatures are
outside it would substantially increased inside due to all the commericial
size equipment being operated.
6. DOC Food Staff, are not exposed to the same excessive condition through
the day. They have the luxury to sit in the office as they want while inmate
kitchen workers must remanied in the excessive and extreme conditions for the
duration of the shift.
7. Contrary to defendants' affidavits, during the time I worked in the
kitchen, if you refused to work or quit as an inmate kitchen worker, you would
received a major prison infraction, immediate classification, where you will
received more points , and classify to an higher security building.
8. The foregoing factual allegations create a genuine issue of material
fact and will, if proven at trial, entitle me to judgment.
Darwin Savag
SWORD AND SUBSCRIBED to me gl Notary Public;
JUDUHAN
NOTARY PUBLIC
. · A
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Case 1:05-cv—OO823-SLR-LPS Document 264 Filed 06/13/200t3 Page 3 0f 4
_ CERTIFICATE OF SERVICE _ `
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s L I} “ E` PM V 4 C’ ‘f *» J * Y ’· ·* hereby certify that I have served a two and
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correct copy ofthe attached ’L f f lh" / (5/V '·‘P°¤ th°
Q following person/s below:
’ · 1:L._AME SI&B.EI
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_ _ V//77/' fz O"//» 1 *;,5 / {W5? ll by
_ - j · By placing same in a sealedepostage pre-paid envelope and d¢p0Si¥i¤8 $°·m° in
the United States Mail at Sussex Correctional Institution, P.O. Box $00, G°°f8°t°w°·
‘ Delaware 19947;% J _
_ _ _ day of C/Lo//VC} , 0 _

Case1:05-cv—O0823-SLR-LPS Document 264 Filed 06/13/2OO8C;Page40f4
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