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

Case 1 :04-cv-01542-GMS Document 85-2 Filed 10/30/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Kevin Brathwaite, )
Plaintiff, g
v. g C.A. No. 04-1542-GMS
Thomas Carroll, Warden, et al., l Trial by Jury Demanded _
Defendants. l
AFFIDAVIT OF VIOLET DUNN
Violet Dunn, having been duly sworn according to law, deposes and states
as follows:
l. I am employed by the State of Delaware, Department of Correction
("DOC") at the Delaware Correctional Center ("DCC”) Smyrna, Delaware as an
Operation Support Specialist in the DOC’s Administration offices. At the time of the
alleged incident, I was a Correctional Officer having been employed by the DOC since
1988. I have held my present position since August, 2005.
2. I make this affidavit based upon my personal knowledge.
3. On December 15, 2004, Sgt. Barry Burman and I were working the 4 to
midnight shift in the DCC infirmary. Shortly before the shift ended, C/O Ernest Ebwelle l
arrived to relieve us. Sgt. Burman and I gave the keys and equipment (log book, shackles
and handcuffs) to C/O Ebwelle and briefed him on what transpired on our shift. The 4
to midnight shift ran normally without any incidents or unusual occurrences to report.
4. I did not have capstun in my possession at any time during my shift as
Correctional Officers were not authorized or permitted to carry capstun while on
infirmary duty. Furthermore, since S gt. Burman and I had already given our keys and
Hi

Case 1 :04-cv-01542-GMS Do ument 85-2 Filed 10/30/2006 Page 2 of 2
sinee Sgt. Burman and I had given our keys to C/O Ebwelle, we no longer had
access to any of the oells or door ps. The cell door ilaps can only be opened with keys.
Upon our departure, there was no dor or visible sign that eepstun had been sprayed at
any time and all was quiet. Sgt. B an and I were properly relieved by staff ar1d
departed without incident around idnight via the emergency door.
5. I make these stat ents based upon my personal knowledge, specialized
tzraining, and experience as an em loyee ofthe Department of Correction.
éiolet
SWORN T0 AND SUBS RIBED before me this fl, day of $80 I"', 2006.
-.-4
Notary