Free Response to Discovery - District Court of Delaware - Delaware

Case 1 :05-cv-OOO37—SLFl Document 127 Filed O9/24/2007 Page 1 of 4
17868/363581
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY L. SAMUEL, )
) C.A. No. 05-037- SLR
Plaintiff, )
) JURY OF 12 DEMANDED
v. )
l
WARDEN THOMAS CARROLL, et al., )
)
Defendants. )
DEFENDANT FIRST CORRECTIONAL lVIEDICAL’S
g"ANSWERING DEFENDANT’S") RESPONSES TO PLAINTIFF’S
ADDITIONAL DISCOVERY REQUESTS
17. Any and all of the Delaware Correctional Center and First Correctional Medical
Regulations and Policies on handcuffs mechanical restraints, insofar as mechanical
restraints handcuffs shall never be used in a way that causes undue physical discomfort,
inflicts physical pain or in any way restricts the blood circulation or breathing of an
inmate insofar as the handcuffs pertain to plaintiff being forced to wear handcuffs in the
rear while in the dental chair while plaintiff was forced to be handcuffed in the rear
during dental treatment by correctional officer Rob Young in September, 2004 to
September 2005, (10/7/2004).
RESPONSE: Answering defendant does not have policies or procedures
regarding handcuffs. This is a security issue that is handled by the Department of
Correction.
18. State the name, title and duty of the person responsible for the regulations and
policies on mechanical restraints in the FCM/Delaware Correctional Center Ml-IU on
10/7/2004 and (September, 2004 to September, 2005), insofar as the restraints pertain to
while a inmate is being seated in and sitting in the dental chair while handcuffed in the

Case 1 :05-cv-00037-SLR Document 127 Filed O9/24/2007 Page 2 of 4
17868/363581
rear during dental treatment the handcuffs shall never be used in a way that causes undue
physical discomfort, inflicts physical pain or in any way restricts the blood circulation.
RESPONSE: Answering defendant does not know who in the Department of
Correction is responsible for the policies regarding handcuffs.
l9. State the name, title and duty of Roh Young’s supervisor on 10/7/2004
(September, 2004 to September, 2005) on the 8 to 4 shift that is responsible for Rob
Young’s actions. insofar as they pertain to over seeing Rob Young’s use of mechanical
restraints handcuffs on inmates/plaintiff, in the rear during dental treatment, pertaining to
restraint handcuff Regulations that ensure that handcuffs are not to be used in a manner to
cause undue discomfort or inflict pain while an irnnate is seated and getting treatment in
the dental chair. Produce the document.
RESPONSE: Rob Young was not an employee of answering defendant;
therefore, that information is unavailable to answering defendant.
20. Any and all of the Delaware Correctional Center and First Correctional Medical
Regulations and policy on denying and delaying filing an inmate/plaintiff tooth. insofar
as the regulations and policy pertain to denial and delay of filling an imnate/plaintiff
tooth shall not be denied or delayed in a way that cause a inmate/plaintiff undue suffering
and pain. Produce the document from 10/7/2004 (9, 2004 to 9, 2005).
RESPONSE: See attached policy on priority appointments.
2l. State the name, title and duty of the Delaware Correctional Center staff member
and First Correctional Medical staff member and or person responsible for the DCC and
FCM Regulations and Policy, insofar as the staff member or person oversees the
Regulations and Policy in ensuring that filling a inmate/plaintiff tooth is done in a timely
manner that do not cause undue suffering and pain. Produce the document from
........... . .... 2..-2...2ulMZ/LOQ4..(9,..2ODdIQ..9,.ZOQ5), . . .. . ..... C ......... 2 .... . ............ 2. ....... . .... C . .,,,. ,.,. r__.,,,_ _l_,_ ,,,W_,_,M_M_,_w_ ,,,,

Case 1 :05-cv-OOO37—SLFl Document 127 Filed O9/24/2007 Page 3 of 4
17868/363581
RESPONSE: Amy Munson, Health Administrator, oversaw the policy for dental
issues for answering defendant.
22. State the reason it took a year to till plaintiffs tooth Hom 9, 2004 to 9, 2005 and
why FCM never filled plaintiff tooth at all.
RESPONSE: The inmate was notified by Dr. Kionke that it would take 8-9
months to have a filling put in. His original sick call was made 09/07/04 and so 9
months from then would be 06/07/05. Answering defendant was no longer under
contract with tl1e Delaware Department of Corrections as of 06/30/05 and CMS,
who took over the contract, scheduled plaintiff for 09/07/05 since answering
defendant would not be there to follow up on the inmate.
23. State how many months FCM should till an inmate/p1aintiff’ s tooth which is an
acceptable standard of decency. Plaintiff does not seek personal information. Plaintiff
seeks discovery insofar as the claims in dispute.
RESPONSE: Answering defendant’s policy was that inmates would be seen for
dental issues based on the priority of the dental issues.
HECKLER & FRABIZZIO, P.A.
/s/ Gerald J. Hager
Daniel L. McKenty, DE Bar N0. 2689
Gerald J. Hager, DE Bar No. 4097
The Corporate Plaza
800 Delaware Avenue, Suite 200
P.O. Box 128
Wilmington, DE 19899-0128
[email protected]
302-573-4800
Attorneys for Defendant
First Correctional Medical

Case 1 :05-cv-00037-SLR Document 127 Filed O9/24/2007 Page 4 of 4
17868/363581
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY L. SAMUEL, )
) C,A. N0. 05-037- SLR.
Plaintiff, )
) JURY OF 12 DEMANDED
v. _ )
)
WARDEN THOMAS CARROLL, et al., )
)
Defendants. )
CERTIFICATE OF SERVICE
I certify that, 0n September 24, 2007, ecpies 0f Defendant First Correctional
Medical ’s Responses to Plaint@”’s Additional Discovery Requests were served upcn the
f0ll0wing individuals:
Via Electronic Service U
Ophelia Waters, Esquire
Department 0f Justice
820 N. French Street
6th F100r
Wilmingtcn, DE 19801
Via First Class Mail
Harry L. Samuel
SBI# 201360
Delaware C0rrecti0na1 Center
1181 Paddcek Read
Smyrna, DE 19977
/s/ Gerald J. Hager
Gerald J. Hager, DE Bar No. 4097