Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-01542—GI\/IS Document 112-2 Filed 07/19/2007 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
A FOR THE DISTRICT OF DELAWARE
KEVIN BRATHWAITE )
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Plaintiff, )
v. U g C. A. Ne. 04-1542-GMS
MARCELLO RISPOLI, er at., g
Defendants. g _
AFFIDAVIT OF ROBERT WALLACE t §
Sgt. Robert Wallace having been duly sworn according to law, deposes and states
as follows:
1. I make this affidavit based upon personal information.
2. I am employed by the State of Delaware’s Department of Correction as a
Correctional Sergeant at the Delaware Correctional Center ("DCC") in Smyrna,
Delaware. I have worked for the DOC since June, 2002. My duties include supervising
and participating in the maintenance of discipline, order, security and housekeeping of
assigned locations and/or units. Additional duties include periodic shakedowns of
buildings and cell blocks to detect contraband and defects in the security system.
3. I am not aware of a conflict between Brathwaite and me. Nor was I ever
assigned to another building to avoid contact with Brathwaite. I worked in SHU 17 for
over 2 years after Brathwaite filed the lawsuit against me. Brathwaite was assigned to my
tiers at that time and there was never a problem of which I was aware. My departure
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Case 1:04-cv-01542—GI\/IS Document 112-2 Filed 07/19/2007 Page 2 of 3
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· from SI-IU 17 was due to the fact that I went on medical leave in April, 2006. Vlfhen I
returned to work in October, 2006, I was initially assigned to the gatehouse and primary;
less stressful positions since I was returning from medical leave.
4. Officers do not request which building they prefer to work but bid instead
bid on shifts and days off. The bids are primarily based on shift times and days off.
Administrative officials then make the final decision based on an officer’s bid, skills and
experience. In May, 2007, I was assigned to SHU building #17 as leadworker after being n
awarded a new bid with Fridays and Saturdays off on 4 X 12 shift. Brathwaite is housed
on B tier in the same building. I normally work C and D tiers when the other building
sergeant is on duty. I normally do not have to go on B tier unless there is a problem that
needs to be handled by the leadworker.
5. I am the person that got Brathwaite hired for the position he presently
holds. Brathwaite requested that I ask S/Lt. Taylor to allow him to be hired as tierman on
B tier. This request was made when I worked an overtime shift in SHU 17. I arn not
aware of any talk of firing Brathwaite from his position. On June 25, 2007, I never stated
to four other officers that I was not satisfied with Brathwaite’s work and that he would
soon be fired. This statement is totally false and possible grounds for Brathwaite losing _
p his job. To hold a job an inmate must be trustworthy and to make false accusations
against staff violates that trust. The only complaint that I have heard about Brathwaite
from other officers is his tendency not to lock in when he finishes his job.
6. The mail is sorted out by the pod officer. My only connection with mail as
leadworker is to pass it out to the inmates on my tiers, C & D. When inmates receive
legal mail they must sign for it on the Incoming Legal/Certified Mail Log Sheet. There is
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Case 1:04-cv-01542—GI\/IS Document 112-2 Filed 07/19/2007 Page 3 of 3
a box the inmate CBII check w h indicates whether the legal mail delivered to him was
"Oper1ed in presence of inmate or "Rec’d in Unit in Open, Condition? There is also 41
"Comrnent:s" box where inmate are Bee to write comments. From the time I returned to
SHU building #17 to the pres1:nt date, the Incoming Legal/Certified Mail Log Sheet
indicates that Brathwaite recei%;l numerous legal mail and that only on one occasion,
June 22, 2007, did he cheek the x “Opened in presence of inn1ate.°’ In the "Comme11ts"
‘ box, Brat11wa' never wrote ar1>k\xing. I have never opened Brathwaite’s persona} mail or
legal mail outside his presence, . or have I ever tampered with his mail.
/ f Ro » allace
SWORN TO AND SUB CRIBEI) before me this /-@‘ day of J g 7. I _
Notaty ‘ ‘
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