Free Reply Brief - District Court of Delaware - Delaware

Case 1:05-cv-00794-JJF Document 23 Filed 06/19/2007 Pagei of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONOVAN E. ESDAILE, )
I )
Plaintiff, )
)
)
v. ) Civil Action No. 05-794-JJF
) Jury Trial Requested
C/O DAVID J. WHITE, ) _ j _ l___. v_
Defendant. )
rlbil ‘l Q illfilli
KQ.: ewuf
AMENDED COMPLAINT eti` i
...
Donovan Esdaile, Plaintiffs delay in submitting his amended complaint after 71/2
months is due to defendant officer White’s willingness to transfer blame onto the newly named
defendants.
Defendant White transferred from Delaware Correctional Center ("DCC") to Sussex
Correctional Institute ("SCI") and was not available to be questioned by plaintiff regarding the
other parties allegedly responsible for handing the processing of plaintiffs funds.
Plaintiff was left to conduct his own investigation to obtain the names. title and job
descriptions of the additional defendant’s. As an inmate, plaintiff is a ward of the State, in an
inferior position and doesn’t have the authority to compel staff to cooperate against other staff.
Therefore, plaintiff in exercising due diligence, overcame the numerous obstructions placed in
his path by defendant White.
Defendant Herpel was the acting desk officer or building sergeant to whom defendant
White was supposed to deliver plaintiffs pay-to slip. The desk officer is responsible for signing
the pay-to and ensuring that it is forwarded to the Business/Inmate Accounts office.

Case 1:05-cv-00794-JJF Document 23 Filed 06/19/2007 Page 2 of 4
Defendant Tanya Smith, an employee in the Business/Inmate Accounts office, was the
designated recipient of the pay—to (funds withdrawal request).
Defendant Carroll Powell was the designated recipient of the disbursed check and
responsible for forwarding the check to its destination via U.S. Mail.
Dated? M OM]
Donovan E. Esdaile
Delaware Correctional Center
1 181 Paddock Road
Smyrna, DE 19977

Case 1 :05-cv-00794-JJF Document 23 Filed 06/19/2007 Page 3 of 4
Certificate of Service
U .
I, HIQQFI QVQ Q'. dg ,hereby certify that I have served a true
And correct cop(ies) of the attached: z ig ;] q J- q ;4 D 4, [
I upon the following
parties/person (s):
To; QEFIC E QF ZH E CLERK I To; STATE oF I )QLA3A;&KE
LIHITEIQ SIHIES l)iSlBI.QT [QUQT DEEABI MENT QF .,S§.L$T;CE
8935 M. K; M5 QTREET, STAIE oFi=tcE Butt D; NQ
Lockbgx lx 3¤;;l.M1N@ g 320 lg. Fresn/gg STREEIZ, I
DELgm;ggE Mio! ·-35 jo mZ,mlu6ToM, Dgtgwggg iizol I
TO: 7 TO: .
BY PLACING SAME IN A SEALED ENVELOPE, and depositing same in the United
States Mail at the Delaware Correctional Center, Smyrna, DE 19977.
On this [7 day of SLLQ L Q {gf) Q-7
I E [ w

Case 1 :05-cv-00794-JJF Document 23 Filed 06/19/2007 Page 4 0f 4
s ‘ W
g t év J {ig I`;
ij; _. · I
° F1
.2;::;..;.; é i §
’ 4


ii § * 2 U
? €’ S § 3 ··-··:
3 s E ‘
5 fp ii E #1 E
gs"¥gw 1 ¤
qi? Qi .5.; gq
. F- ><
iii f; O :
i +~< 1:;
~ 31* 1% S5 ii?
1 ‘ ·—·-· zzz
1 2, 2 Lu i
A cz ..,:¤
H Y" 0 Mi?
1 *:3; ‘
I
E ui . .,.,.4-
”°; O }·· _ 2
2 " G ZZ?
a » W $3;
5 ,9 Q. 1 {#.3.
j , {L , U}.:
? `
3 ,_ ( lim
¤ .. . ' — iIf'*
E ‘ ,,.-1
1
1 M 4
2 ‘~ z 0
2 @ 1 1
Q E. :3 gz TJ
E ·-" E Z gg
‘ ) Y
I A O D Q
I `\ m *47
1 O pd g z O ,*;:4*
; A 0 O E
2 EQ O :1:
1 ‘ M Q ,_ ‘__,j
I <¤: Q <¤ aj:
1 _ 3 m Z
$ Q 1* 5 ,. E E
1 0-1
1 = CQ E] 2 ,.....
' »-4 C/J Q ·—• CD 6
·`] ,