Free Response to Discovery - District Court of Delaware - Delaware

Case 1:05-cv-00033-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMAH K. GROSVENOR, Plaintiff, v. THOMAS CARROLL, et al., Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 05-033-GMS

DEFENDANTS' RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Comes now, Defendants Carroll, Belanger, Simms, and Stevenson by and through undersigned counsel and respond to the Plaintiff's First Request for Production of Documents as follows: GENERAL OBJECTIONS 1. Defendants object to the Request for Production of Documents to the extent

that they seek documents protected from disclosure by the attorney-client privilege, the work product doctrine, or any other applicable privilege. 2. Defendant objects to the Request for Production of Documents to the extent

that they seek the production of documents equally available to the Plaintiff. Such documents will be identified by the Defendants but will not be produced. ANSWER 1. Copy of DCC's Correction Code of Penal Discipline (including all appendixes).

Response: See relevant copy of the Delaware Correctional Center's Code of Penal discipline provided to plaintiff.

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2.

Copies of all DCC's Segregation and Administrative Transfer Regulations. Response: Objection to the extent this request is overly broad and unduly

burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this objection, see the Inmate Reference Manual concerning the transfer of inmates for disciplinary reasons.

3.

Copies of all the Department's policies and regulations regarding inmate job and

or program suspensions and terminations. Response: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this objection, see the Inmate Reference Manual concerning inmate employment.

4.

Copies of DCC's classification policies and regulations. Response: Objection to the extent this request is overly broad and unduly

burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to

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state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this objection, see the Inmate Reference Manual and/or the Inmate Housing Rules concerning inmate classification.

5.

Copies of all records relating to incidents referred to or connected in suit against

Defendants' from May 31, 2004 until present. Also, (sic) Response: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this objection, see relevant copies of incident and disciplinary reports and records related to the time period alleged in the complaint.

6.

Copies of all reports of investigations, findings of fact, observation of facts or

circumstances, or any other matter relating to any aspect of this litigation. Response: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this objection, see relevant copies of incident and disciplinary reports and records related to the time period alleged in the complaint.

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7.

Copies of any and all writings identified or referred to in your answers to

Plaintiff's interrogatories served simultaneously herewith. Response: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, see relevant copies of incident and disciplinary reports and records related to the time period alleged in the complaint.

8.

Copies of any reports by any person qualifying as an expert containing opinions

and/or facts on which opinions are based concerning any aspect of this litigation Response: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection,

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Defendants do not have expert reports. Defendants reserve the right to supplement this answer, if necessary.

9.

Copies of any and all writings which you intend to rely upon at trial. Response: Objection to the extent this request is overly broad and unduly

burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, see relevant copies of incident and disciplinary reports and records related to the time period alleged in the complaint.

10.

Copies of any and all writings you intend to employ in any fashion during the

course of this litigation, including, but not limited to, those writings which will be used to aid and direct and/or cross-examination of any witness during deposition and/or trial. Response: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the

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attorney-client privilege and/or attorney work product. Without waiving this objection, see relevant copies of incident and disciplinary reports and records related to the time period alleged in the complaint.

11.

Copies of all statements by Plaintiff, Defendants' and any other person or

witnesses relating to any aspect of this litigation. Response: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that the Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, see relevant copies of incident and disciplinary reports and records related to the time period alleged in the complaint.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General Carvel State Building 820 N. French Street, 6th floor Wilmington, DE 19801 [email protected] Attorney for Defendants Date: August 25, 2006

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CERTIFICATE OF SERVICE I hereby certify that on August 25, 2006, I electronically filed State Defendants' Response to Plaintiff's First Request for Production of Documents with the Clerk of Court using CM/ECF. I hereby certify that on August 25, 2006, I have mailed by United States Postal Service, the document to the following non-registered participant: Jamah K. Grosvenor; SBI # 367677; Delaware Correctional Center; 1181 Paddock Road; Smyrna, DE 19977. . STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 [email protected]