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


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Date: December 31, 1969
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State: Delaware
Category: District Court of Delaware
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Case1:O5—cv-00067-SLR Document 71-3 Fi|ed11/15/2007 Page10f3
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Case 1:05-cv-00067-SLR Document 71-3 Filed 11/15/2007 Page 2 of 3
IN THE UNITED STATES DISTRICT COURT I
. FOR THE DISTRICT OF DELAWARE
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Z WILLLAM F. DAVIS, III, ) _ l
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Plaintiff, ) I
v. ) C.A. No. 05-67-SLR
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WARDEN RAPI-IAEL WILLIAMS, ) Jury Tiial Requested
C/O DAVIES, CAPTAIN EMMIT )
C/O REGINALD MAYES, and )
· DEBRA MUSCARELLA, )
- Defendants. ) l
AFFIDAVIT OF CORRECTIONAL OFFICER KERRY DAVIES
I, Kerry Davies, having been duly sworn by law, do hereby depose and `
state as follows: _ _ s _ _ __
l. I am _ employed by the State of Delaware___ Department of
Correction (“DOC") as a Correctional Officer at the Howard R. Young Correctional
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Institution ("HRYCI"), Wilmington, Delaware. I have been employed by the DOC for
approximately seven (7) years.
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2. I have read the allegations in Plaintiffs Original Complaint.
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3. In May 2004 I recall taking Inmate William Davis out to the yard
for recreation with approximately 20 to 30 other inmates. During the recreation period
Inmate Davis was playing basketball along with the other inmates in the yard, including I
Inmate Brian Casey. _ .
4. During basketball games in the _yard inmates ____ become very
competitive. The yard is not very large. As a result of the nature of the game and the
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I Case 1:05-cv-00067-SLR Document 71-3 Filed 11/15/2007 Page 3 of 3
size of the yard,. inmates often come into physical contact with one another. My job is
to supervise the inmates and insure that the level of basketball playing is safe and
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_. 5. In the May 2004 basketball game mentioned in Davis’s 1
Complaint, Inmate Davis never approached me before, during or after the game to say
that he was concerned for his safety. Further, I never saw Inmates Davis and Casey
engaged in a physical altercation and I never saw Inmate Casey threaten Inmate Davis.
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SWORN AND SUBSCRIBED before me this JQ day of I
V 0 ef ,2007.
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