Free Letter - District Court of Delaware - Delaware

Case 1:05-cv-00823-SLR-LPS

Document 250

Filed 01/31/2008

Page 1 of 2

JOSEPH R. BIDEN, III
ATTORNEY GENERAL

DEPARTMENT OF JUSTICE
NEW CASTLE COUNTY CARVEL STATE BUILDING 820 N. FRENCH STREET WILMINGTON, DE 19801

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

PLEASE REPLY TO: (302) 577-8400

January 31, 2008 The Honorable Mary Pat Thynge U.S. District Court, District of Delaware 844 N. King Street Wilmington, DE 19801 RE: Interim Status Report in Jackson v. Taylor, et. al., C.A. No. 05-823-***

Dear Judge Thynge: In accordance with the August 16, 2007 Scheduling Order entered in the above-captioned matter (D.I.193), Defendants hereby submit this Interim Status Report. Nature of the Case This is a Section 1983 action filed by twenty-six (26) inmate Plaintiffs regarding the workplace environment at the Sussex Correctional Institute (SCI) kitchen in Georgetown, Delaware. Plaintiffs allege that, as inmate employees at SCI kitchen, they were subjected to harmful conditions from the prison ventilation system, and received inadequate training from the SCI kitchen staff. Plaintiffs are pro se in this matter with leave to proceed in forma pauperis. Defendants maintain that conditions at the SCI kitchen were not detrimental, and that Plaintiffs received proper training as inmate kitchen employees. Accordingly, Defendants assert that Plaintiffs' constitutional rights have not been violated, and no evidence of a 42 U.S.C. §1983 claim exists. Discovery The parties are currently in discovery. Plaintiff George Jackson has filed numerous requests for admission, and took the Rule 31 depositions of seven (7) defendants on September 25 and 26, 2007. Defendants have served interrogatories upon Plaintiffs and initiated steps to take the depositions of two Plaintiffs, Vernon Truitt and Carl Walker. To date, the majority of Plaintiffs have not issued discovery requests to the Defendants. The discovery cut-off date is April 1, 2008. The Defendants may seek leave of the Court to depose other Plaintiffs prior to the discovery cut-off date.

Case 1:05-cv-00823-SLR-LPS

Document 250

Filed 01/31/2008

Page 2 of 2

The Honorable Mary Pat Thynge January 31, 2008 Page 2

In accordance with the Scheduling Order, all case dispositive motions, opening briefs and affidavits in support of those motions are due on or before April 28, 2008. Matters in Issue Defendants have no matters in issue at this time. Thank you. Very truly yours, /s/ Catherine Damavandi Deputy Attorney General, ID#3823 Attorney for Defendants cc: Non-registered parties, listed below (by U.S. Mail) Charles Blizzard Roderick Brown John F. Davis Lawrence B. Dickens Jerome Green George A. Jackson James Johnson Samuel Jones Timothy L. Malloy Anthony Morris Howard Parker Eldon Potts Rique Reynolds Charles B. Sanders Darwin A. Savage José Serpa Kevin Spivey Roger Thomas Vernon Truitt Carl Walker Joseph White Frank Williams Gilbert Williams Roy R. Williamson Adrian Wright Darus Young