Free Opening Brief in Support - 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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lncident# HRYCI Howard R.Young Correctional institution Date: g7.•'14l2006
000-,20-; Case 1:05-cv-00 - tene;] t ie 5/2007 Pagei of
WILMINGTON DE, 19809
Phone#: 302-429-7700
INCIDENT REPORT
1’Gi*6Ui§#i_§@(-- `_ _‘ Type: inmaeinvoived i I ineiuéiii-ngiii-;:·— . i` ‘`0‘ `caiiiiqeiiiig-.ii}¥i;i0 =I_ 3 j
iFa°"“Yi HRYCiHoward R.Young Correctionai institution I- l F°"°Wl·lP Required [email protected]
iAssociated Disciplinary Report #(s) 3004943
Incident Location: Pod 1D I 1
[Location Description: 1 D Pod Dayroom i
i\IioIated Conditions: 1.13 Fighting i
Description of Incident: E
On the above date and time, 1 C/O McReynolds was conducting chow. inmates Casey, Brian #205674 and Davis, William
#162762 were in the chow line and began arguing. During the exchange of words inmate Casey punched inmate Davis in the i
facial area. Inmate Casey continued to bring the aight to inmate Davis. Inmate Davis fought back in defense. l called a code
eight on 1D pod. Sgt. Way, Lt. Singh and multiple other staff members responded to the code. The responding staff members |
went onto the pod and secured both inmates with hand cuffs. Both inmates were then separately escorted to the infirmary to l
be treateci by medical. Inmate Casey was escorted from medcal to 1E9. Inmate Davis was escorted from medical back to g
‘iD.DiscipIinary reports was also submitted. _ E
2. ·- i‘`‘``_ Q :.-_: i -i`_.0,. i j _»‘‘ ‘_ lniureri Persons- ‘-.‘ ; ‘-_` I ~ I ‘ .Hospitaiized r ‘·‘‘’ `—_. 0 [·QN`atli°réigOf__Iii1_li{fi_f$§ ` i= rian, Casey cratches On Face I
illiam, Davis No cratches On Face And Bloody Mouth i

Evidence Type; wg Date Collected: Mi g
Discovered By :_NL\ Secured Bwyl
Type of Force Used [] PHYSICAL [1 l CHEMICAL [1 STUN [1 OTHER [1 CAPSTUN [X] NONE
Restraints Used I hand cuffs
Immediate Action Taken:
: called a code eight. Submitted report
..··i·
I.*IF¤i§§ii*°`¤d¢¢. `> `-.‘‘ I J . I I I Marne `‘‘: ‘ I I- I I I a$!3I!#z ’ T .‘II -·I,_ . f .·’‘;.II j i‘I ifiiiifi II‘I I Z I‘I- ‘I`-
taff ` eeiweni`, singn ` NM _
taff Fred, Way lil N/A O Corporalisgt. - Large In 0 000
iii 7 simain e M¤i¤v¤¤'dS I WA ..... -.__._._.--- .... .......... - l
Inmate illiam, Davis F 3 00162762 NIA
nmate Brian, Casey NI z 00205674 NIA
BPGFUHQ Offi¢Bl'¤McreynoIds, Jermaine (Correctional Oflicer) Entered By:|viereMne|de Jermaine [Correctional Officer) `
.r.
IIE Approved Emsapproved Date:05/31/2004 ADPl'¤V¤d by! Polk, John W (Staff Lt./Lt)
Comments: I/M was taken to 1EPod , pending a discplinary hearing.
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EXHIBIT 3
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casa I ;00-CV-0 5/2007 Page 2*0r Qweee ;
a00·r200 .. s...t A
WILMINGTON DE, 19809 t
Phone#: 302-429-7700
INCIDENT REPORT {
Group#:Nj_g, Type: Inmate Involved Incident Date: O5I31I2004 Time: 09:20 Confidential: Ng ]
Feelllt¥*HRYC| Howard R.Young Correctional Institution Fellewute Required :@ I
incident Location: Pod 1D ;‘·
Location Description: Da Room Floor Code 3
Vi¤|atedG¤nditi¤ns=1.00I200.203D1s0r00rl orThreatenin Behavior
Description of Incident: §
iOn the above date and about the approximate time, I Cpl. Forte was assigned to the first floor when a code 8 was called on
1D pod. As I arrived in the area S1~ IINI Davis William #162762 was already handcuffed by Sgt. Way and S2- IIM. Casey
Brian #205674 was hand cuffed by CIO Emig. QRTarrived on the scene and was briefed about both inmates and the situation.
The QRT escorted . III‘vi Davis to the Infirmary where he was treated by nurse Jeremy Jovin for cuts inside of his mouth he was
then cleared and the QRT escorted him back to his unit. 1Im Casey Brian was treated by nurse Jeremy Jovin for scratches on
his face and was cleared to be housed on the disipiinary housing unit as he was escorted by the QRT. Sgt.Way did
preliminary invesigation and found that IIM Casey was the aggresor who struck IIM Davis in the face. IIM. Davis was just I _
defending him self from being attacked by lIlVl. Casey. IIIVI Casey who was the aggressor in the fight is now being housed on
the displinary housing unit and UM Davis returned back to 1D pod. Disciplinary report was submitted to the hearing officer I
about the incident. -
Injured Persons Hospitalized Nature Of Injuries
Brian, Casey Cratches On Face
illiam, Davis “ cratches On FaceISeIf Bite On Inside Of Cheek
Evidence Type; Mr Date Collected: M
Discovered By :@t Secured By:_N_[A
Type of Force Used [] PHYSICAL [} CHEMICAL [] STUN [] OTHER I] CAPSTUN [X] NONE
Restraints Used : hand Curr;
Immediate Action Taken:
ubmitted report
‘· .- _- _ Individuals Involved .. . ‘ I ‘ `· · l
"‘—*"`·°" °°°'° ""*'° A
0000 0¤S¤v M 00205074 ...... .......
Imam, Davis i= 0 00102702 NIA y ggggggg _____ _______ _
taff Brian, Forte NIA ;_ CorporalISgt rg I . g
taff Fred, Way ill NIA crporalIS Larg t. __
taff ermaine, Nlcreynolds NIA r ectio flicer _ _____ _
taff Brian, Emig NIA orrectional Officer
REPUYUUB Offk-7el`:l:OI'te, Bl'l8I'l gCo COFQOFBI/Sgt. - Large Inst.) Entered By:F0rte, Brien ICQ C¤rQ9ralfSgt, - Large Inst.I
. · · .-_:. · · Approvai Information ``rl . _
I
K] Approved [_;|Disapproved Date:05I31I2004 Approved Wi Polk, John W Staff Lt.ILt
Comments: NIA
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_ ar .Youn o r iona sti ' D te· 8/07/2007 `
3007209 Case 1 .O5—cv-O 5/2007 Page g of £9·—
WILMINGTON DE, 19809 5
Phone#: 302-429-7700
INCIDENT REPORT
Gr0up#:lj/A Type: Inmate Involved Incident Date: 05/31/2004 Time: 09:23 Confidential: @ 1
I Faculty: HRYCI Howard R.Young Correctional Institution F°"°W“P Raql-med :_l§l_9_
Incident Location: Pod 1D
Location Descriptiomcode 8_|D_Deyr¤¤m rl
1
iotated Conditions: Other
Description of Incident:
On Monday 05/31/2004 at approximately 0923 Hrs W1 Sgt. C. Richards QRT leader and the team responded to code 8 on 1 D
pod.On arrival #162762 I/M Davis William and #228794 i/M Casey Brian who was involved in the fight was already handcuffed
and secured in interview rooms. The team was breifed and escorted I/M. Davis to the Infirmary where he was treated for cuts |
inside his mouth by Nurse Jermey Jarvis then escorted back to 1 D cell #10 where the handcuffs were removed and I/M Davis
secured in his cell. The team then escorted 1/M Casey from 1D inner interview room to the intirmary.He was examined by Q
Nurse Jarvis and treated for scratches and bruises on his face.He was then escorted to 1 E inner interview room where the
handcuffs were removed and I/M Casey was secured. During the escorts team members performed the following functions.#1
C/O Cumberbatch G.HeId the sheild in front of the inmates,#2 C/O Charles R. secured right arm,#3 C/O Rivera C.secured left
arm,#4 C/O Pritchett K. guided the sheildman through the hallway and #5 C/O Talenti A. guided camera person. The escorts
were videotaped by C/O Whitehead N.Both inmates were compliant during the escorts and there were no unusual incidents. _
injured Persons Hospitalized Nature Of injuries ‘
Brian, Casey Davis. Cuts Inside Mouth. Casey Scratches And Bruise l
illiam, Davis “ me Inside Mouth.
Evidence Type: yl Date Cotlected: M.
Discovered By :&\ Secured By:_I\_l/A
Type of Force Used [] PHYSICAL [] CHEMICAL [I STUN [X] OTHER [] CAPSTUN [] NONE
RESff3lI"l'IZS Used 2 haqndcuffe
Immediate Action Taken:
responded to code and did escorts.
T _ , Individuals Involved _ _ -__‘ - _ ·?-;Z_-¥;‘ ..·.__ ‘
P°'$°" °°"° ““°
Inmate illiam, Davis F 3 00162762 N/A mm ____ g g gggrgggggggiii
Inmate Brian, Casey J . 00228794 g g g
taff hartes, Richards N/A I O C I Sgt. - La g _
taff ervin, Cumberbatch N/A orrectional Oflice _ ____ H g g _
tatf Radcliffe, Charles N/A lm cti nal O r
taff ourtney, Rivera A N/A Correctional er _
taff Kenneth, Pritchett N/A r l Officer _
taff · ndrew, Talenti N/A Correctional Officer
Reporting Officer: RlCl'lEtI'dS, Ch3I'|BS gCo COI'g0I‘aII/Sgt. - Large El11Z&I'Bd ByZRir;h3rd5 Cherlee {C0 Corporal/SQL - Large
Inst) inet)
Hr ..-‘ I . .- Approval information ‘ ‘ ‘ _· - _
@ Approved |i|Disapproved Date: 05/31/2004 APPTOVBUI bY¥ Polk, John W (Staff Lt./Lt) l A
Comments: N/A
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