Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1:05-cv-00067-SLR Document 61-8 Filed 10/15/2007 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT |
FOR THE DISTRICT OF DELAWARE _
WILLIAM. F. DAVIS, III, ) I
I Plaintiff`, g ` i
v. I C.A. No. 05-67-SLR
IWARDEN RAPHAEL WILLIAMS, I I Jury Trial Requested
C/O DAVIES, CAPTAIN EMMIT ) E
C/O REGINALD MAYES, and ) I
DEBRA MUS CARELLA, )
Defendants. g
AFFIDAVIT OF DEPUTY WARDEN MARK EMIG
I, Mark Emig, having been duly sworn by law, do hereby depose and state I
as follows:
1. I am employed by the State of Delaware Department of Correction
(“DOC”) as a Deputy Warden. at the Howard R. Young Correctional Institution
(“HRYCI"), Wilmington, Delaware. I have been employed by the DOC since March
1986 and as a Deputy Warden since August 2005.
2. In May 2004 I worked as a Captain/Facility Investigator at
HRYCI. My responsibilities as a Facility Investigator included. investigating serious
incidents that occurred within the facility.
3. On May 31, 2004, Inmate William F. Davis, III and Inmate Brian
Casey were involved in a fight during their chow time at HRYCI. As a result of the fight
. both inmates suffered injuries. E

Case 1:05-cv-00067-SLR Document 61-8 Filed 10/15/2007 Page 2 of 2
4. After the Eght, the omcers involved filled out incident reports
describing the incident and the events that took place. In addition, Officer Pervonc l
Cropper conducted an investigation into the events sturotmding the fight.
5. Following the fight, Inmate Davis approached me and asked me
about filing charges against Inmate Casey.
6. It is not the normal practice of HRYCI to seek criminal charges
against inmates involved in fights. However, if it is determined that criminal charges
may be warranted all information is forwarded to the Attorney General’s Office. The I
deputy attomey general who processes the information then determines whether to pursue
criminal charges and advises ns of the decision.
7. In accordance with procedure, and in response to the request from T
Inmate Davis, I submitted information about the fight to a deputy attorney general at the
Attorney Genera1’s Ofiice for a decision on whether to pursue charges.
8. The Attomey Genera1’s Office declined to pursue charges against
Inmate Casey because both imnates were fighting and they believed the better approach
was to allow the facility to handle the incident. After receiving the decision from the
Attorney General’s Office, I informed Inmate Davis that the Attorney General would not
pursue crintinal charges against Casey.
SWORN AND SUBSCRIBED before me this __{.f£dday of
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