Free Response to Discovery - District Court of Delaware - Delaware

Case 1:05-cv-00102-SLR-LPS

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Filed 02/02/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SHAMSIDIN ALI, a/k/a Robert Saunders, ) and MASJID ULLAH, INC., ) ) Plaintiffs, ) ) v. ) ) PAUL HOWARD, et al., ) ) Defendants. )

C. A. No. 05-102-***

DEFENDANT RICK KEARNEY'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS Pursuant to Rule 36, Fed.R.Civ.P. Defendant Rick Kearney responds to Plaintiff's Request for Admissions as follows: 1. Plaintiff housed at Sussex Correctional Institutional ("SCI") ten years.

RESPONSE: Plaintiff was housed at the SCI for approximately 9 years. 2. Prior transfer from SCI plaintiff security status minimum high.

RESPONSE: Plaintiff had minimum security status. 3. interview. RESPONSE: Denied. 4. plaintiff. RESPONSE: Defendant is without sufficient information to admit or deny the allegations set forth in this Request. You were contacted by News Journal requesting permission to interview Aware plaintiff contacted by News Journal Company requesting

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5.

Plaintiff classified by Multi-Disciplinary Team on June 9, 2005.

RESPONSE: Defendant is without sufficient information to admit or deny the allegations set forth in this Request. 6. 2005. RESPONSE: Admitted. 7. Plaintiff not transferred from SCI for disciplinary reasons. Plaintiff transferred to Delaware Correctional Center ("DCC") June 10,

RESPONSE: Admitted. 8. Aware plaintiff filed complaint against SCI and Department of

Corrections with Civil rights Division ­ U.S. Justice Department. RESPONSE: Admitted. 9. Plaintiff file complaint with Thomas Wagner, State Auditor, in reference

to questionable expenditures from Inmate Commissary account at SCI. RESPONSE: Defendant is without sufficient information to admit or deny the allegations set forth in this Request. 10. You requested plaintiff be transferred from SCI.

RESPONSE: Admitted. 11. Prior departing SCI plaintiff employed.

RESPONSE: Admitted. 12. Prior departing SCI plaintiff involved in groups/programs.

RESPONSE: Defendant is without sufficient information to admit or deny the allegations set forth in this Request. 13. Plaintiff's minimum high security status not reason for transfer.

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RESPONSE: Plaintiff's security status was not minimum high. 14. of June, 2005. RESPONSE: Defendant is without sufficient information to admit or deny the allegations set forth in this Request. 15. Plaintiff constantly advocated for inmate rights at SCI. Plaintiff was visited by Jennifer Kate Aaronson, Esquire during the month

RESPONSE: Defendant is without sufficient information to admit or deny the allegations set forth in this Request. 16. Defendant Earl Messick imposed disciplinary sanctions on plaintiff prior

plaintiff being found guilty of rule infraction. RESPONSE: This request for admission is not directed to the defendant and therefore, a response is not necessary. 17. Defendant Messick opened outgoing/incoming mail to Senator Margaret

Rose Henry and Peterson out of the presence of the plaintiff. RESPONSE: This request for admission is not directed to the defendant and, therefore, a response is not necessary. 18. Mail (legal/personal) incoming/outgoing opened out of presence of

plaintiff per your authorization. RESPONSE: Denied. 19. presence. RESPONSE: Denied. You authorized opening plaintiff's outgoing/incoming mail out of his

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Disciplinary sanction cannot be imposed on plaintiff minus being found

guilty of rule infraction. RESPONSE: Admitted. 21. Plaintiff's classification to DCC approved by Institution Classification

Committee and Institutional Release Classification Board. Prior hearing conducted by Multi-Disciplinary Team at SCI. RESPONSE: Denied. 22. Plaintiff's transfer facilitated by defendant Deloy.

RESPONSE: Denied. 23. Jennifer Kate Aaronson Esquire visited other inmates doing June 2005

concerning exposure to asbestos at SCI. RESPONSE: Defendant is without sufficient information to admit or deny the allegations set forth in this Request. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly_______ Eileen Kelly, I.D. #2884 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 Attorney for Defendants

Date: February 2, 2007

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CERTIFICATE OF SERVICE I hereby certify that on February 2, 2007, I electronically filed Defendant Rick Kearney's Response to Plaintiff's Request for Admissions. I hereby certify that on February 2, 2007, I have mailed by United States Postal Service, the document to the following non-registered party: Shamsidin Ali, a/k/a Robert Saunders SBI#052590 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly Eileen Kelly, ID#2884 Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]