Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case 1:05-cv-00464-SLR Document 99-11 Filed 06/O3/2008 Page 1 014
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Case 1 :05-cv-00464-SLR Document 99-1 1 _`Fi|ed 06/O3/2008 Page 2 of 4 I
· IN THE UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
KENNETPI L. HOLLAND, ) -
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ratnarr; >
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v. ) C. A. No. 05-464-SLR
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STANLEY TAYLOR, et al ., )
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Defendants. ) -
ADAM J. BRAMBLE, )
Defendant, )
I Counter-claim plaintiff, )
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v. )
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KENNETH L. HOLLAND )
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Plaintiff, )
` Counter—claim defendant. )
AF}5‘IDr¤tV'I'I‘ OF KENT RAYMOND
I, Kent Raymond, havingpbeen duly sworn according to law, depose and state as
follows:
1. I am employed by the State of Delaware Department of Correction I
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("DOC@) as the Counselor Supervisor at the Morris Community Correctional Center,
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(AMCCC@) Dover, Delawme. I have been employed in this capacity since November l2,
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1991. My duties and responsibilities include supervising counseling staff providing
rehabilitative services to offenders assigned to the MCCC amd helping with their
transition back into the connnunity. I am responsible for preparing or overseeing the
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Case 1 :O5—cv-00464-SLR Document 99-1 1 Filed 06/O3/2008 Page 3 of 4
preparation. of treatment plans, assessments, and status reports to ensure appropriate
offender case management. I also serve as a voting member of the t`acility’s Multi-
Disciplinary Team.
2. I make the following statements based upon my personal knowledge.
3. On June 17, 2004, Plaintiff Kenneth Holland ("Holland") was transferred
from the Central Violation of Probation Unit ("CVOP") to the MCCC to participate in
work release. During intalce, Holland received a copy of the MCCC Orientation Manual
and signed the Resident Signature Form acknowledging such on June 22, 2004.
4. On June 27, 2004, Holland was written up with a program violation by
security staff for "Disorderly Behavior, and Disorderly and Threatening Behavior
towards staft`." When a resident is presented with a program violation, he is given the 5
p opportunity to review it and then to sign the form acknowledging its existence. Shortly
thereafter, the Multi-Disciplinary Team (“ll~/IDT") holds a hearing on the program
° violation. Holland checked the box on the program violation form indicating his desire to
attend his hearing. e
5. The Classification Board or Multi-Disciplinary Team meets. weekly
(usually on Tuesdays as staffing permits) and commences at approximately 9:00 AM.
This is mernorialized in the MCCC’s Orientation Manual which Holl.ancl received on {
June 22, 2004. The following items are discussed at Classification: Program Violations, l
Requests to Drive, Special Requests, Weekly Phase List and Treatment Passes. ‘
6. Holland’s hearing was held on Tuesday, June 29, 2004 at 9:00 AM to
i review Holland°s program violation. Although I-lolland indicated that he wanted to be
present at the hearing, he was not in attendance. Holland chose to go to his work place on
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Case 1 :05-cv-00464-SLR Document 99-1 1 Filed 06/O3/2008 Page 4 of 4
June 29, 2004, instead of attending his hearing. For his program violation, the MDT
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sanctioned Holland to two weeks to Sussex Violation of Probation Unit ("SVOP”). i
Following his stay at SVOP, Holland was to be transferred to Central Violation of l
Probation (“CVOP") to await bed space at work release. The MDT’s recommendation I
was reviewed and approved by MCCC’s Warden Vince Bianco.
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7. The decisions ofthe MDT are final there are no appeals. X
l gent %ymond
SWORN AND SUBSCRIBE!) before me this Sid day of June, 2008. I

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