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

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Case 1:04-cv-O1542—Gl\/IS D Filed 06/O1/2007 Page 1 of 2
r Phoneg: 302·B53~§261 . ‘
_ INCIDENT REPORT · -
lGrpup#:_l~_yA Type: inmate involved lncidentDate:10!09!2004 Time: 16:30 [Confidential: No I
r ¤¤lU¥Y¤ DCC Delaware Correctional Centers n n Followup Required :_rL;_
‘ Associated Disciplinary Report #(s):1013445 · i
Incident Location: BIdg.1B C Tier L [ [ l ‘ I
Location Descrlptlon: W
iolated Conditions: 1.04/200.209 Dama e or Destruction of Pro e Over 10
[ 1.06/200.203 Dlsorderi or Threatenln Behavior L I I I
2.03/200.1OB Creatin a Health Safe or Fire Hazard l ·
2.06/200.108 Failin to Obs an Order t
Description of Incidedt: L " - I
On the above date and approximate time while C-tier in BLDG. #18 was being fed, after inmate Kevin Brathwaite 00315294 had
been handed his food tray in CL3 , inmate Brathwaite took his food tray and threw it against his cells' door window causing food I
to become stuck between the windows' screen and outer pexi—gIass portion of the window. Brathwaite also threw food on th I I
floor and walls of his isolation cell. Also when the food trays were being collected, inmate Brathwaite refused to hand over his {
tray. At this time it was also noted by C/O Wctor Gonzalez that inmate Brathwaite had also damaged his mattress by ripping I
portions of foam of the mattress. Inmate Brathwaite had to be removed from his cell by staff and the cell was cleaned by staff. It I i
took staff about a half hour to hose, scrub and mop out the cell. inmate Brathwalte was seen by medical due to complaints of E -
his shoulder being dislocated and sore ribs. Brathwaite seen by Nure Holly Fume and Nurse Kira Hargan andthen returned to his I _
isolation cell in CL3. f
Injured Persons Hospitalized I a Nature Of Injuries L _
» A ` NIA [ Z IA LL L · I
·’ idgngg Type; _r)|_Li; o l [ L ` Date Collected: @ I t
escovered By :@ ‘ Secured -By:& j
. ype of Force Used: [1 PHYSICAL [] CHEMICAL [1 STUN _ [] OTHER [] CAPSTUN [X] NONE
Restraints Used : handcuffs and leg shackles . " [
Immediate Action Taken: ‘ - ‘
= rathwaite referred to disciplinary hearing. i -
L; L · L [ QS L L 3 --._ L ‘r,. -· ‘_... H i s f.-.· ; L —L is-i s ihurvicuers.i¤¤ Person Code I I I if I H n an- - '-'` i TTT ffaf _ _ Title [
§t'lijL *¤t¤r· G¤¤=¤l¤= · = ` WA L L L LLLL LL
evin, Brathwaite C 00315294 _ [[ [ [ [ [[[[ [[[[[[[ [g
taff A - arcello, Rispoli T - L _ NIA _ taff gggg [[[[ [ [[ [ _ _ ______ _ ____ __ ____ ___ [
¤¤e¤· Welles J ‘ We LLLL resell L LLLL L
ira, Hargan " NIA ontracto s i l [[ ‘ [ [ [[ [[
taff - olly, Furne NIA I ontractors - Medical
eporting Officr:GonzaIez Victor Correctional Officer Entered By:Gonzalez Victor Correctionai Officer ·
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x Approved lilbtsapproved Date: t0r09r2004 Apprevsd bw {
· Comments: Medical statesdhat UM- Brathwaite's medical complaint is unfounded. ‘ ‘ _

|—Em4iJCase 1 :04-cv-O1542—Gl\/IS .D lle¤l oe/01/2007 Page 2 or 2
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· _ Phone No. 3Q2j53-9261
D_lSCIPL|NARY REPORT t r F
Disciplinary Type: classi ‘ Ho.us_lnQ`Unlt:‘@g;j§g _ ’ A lR#i ‘ n
. J SBl# _ Inmate Name F · ‘|.;ocatlon ‘Of=|n‘cldent _ Date Time
00315294 rathwaite, Kevln C DCC B|dgL18 C Tier ‘ fl0l09/2004 16:30 —
olations: L04!200.209 Damage or Destruction of Progegty {Over $10), 1.06l200.203 Disordedy or Threatening Behavior,
2.03l200.106 Creating a Health, Safegg or Fire Hazard, 2.06!200.108 Falling to Obey an Order
‘ rtnesses:1._l£A ‘ 2. M5 3. LMA
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• n The Above Date And Approximate Time While C-Tier In»Bldg. #18 Was Being Fed, After Inmate Brathwaite Had Been Handed H
ood Tray In Isolation Cell C13 inmate Brafhwaite Took His Food Tray And Threw lt Against His Cells' Door Window Causing Food T ;
ecome Stuck Between The Windows' Screen And Outer Pexl-Glass Portion Of The Window. Brathwaite Also Threw Food All Ovt
ls Floor And Walls. When The Food Tray Were Being Collected Inmate Brathwa-ite Refused To Hand Over His Tray. At This Time A
as Also Noted By CfOvictor Gonzalez That Inmate Brathwaite Had Also Damaged His Mattress _By Ripping Portions Of Foam 0fTh ;
y attress. Inmate Brathwaite Had To Be Removed From His Cell By Staff. C13 Was Then Cleaned By Staff. It Took Staif_About 3
inutes To Hose, Scrub And Mop CI3. Brathwaite Returned To His Cell in CIS.
Reporting Officer: Gonzalez, Victor (Correctional Officer) .
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Immediate action taken by: Gonzalez, Victor gCorrectional Officer ‘ _
Refened T0_Disciplinary Hearing. _ . - _
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Dlspositlon:_l@ Daterlgg Time: @ Cell secured? _l§l_q
Reason:N]A _ y ?
isposition Of Evidence: N/A _ n _ _ . . . . - .
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Approved: El Disapproved: EI Approved By:ll/lccreanor, Michael (Shift Commander — Largelnst.} , Q
Comments: Nye., l C . ,
‘
¤ ate Received: n Time: Received From: _,_ - Z
~ hlft Supervisor Determination: _ ' - -
{] Upon reviewing this Disciplinary Report, i conclude that the offense may be properly responded to by an immediate __
, revocation of the following privileges(see reverse side) for hours not to exceed 24 hours) _ E
[X] Upon reviewing. this Disciplinary Report, I conclude that the offense would be properly respondedto by Disciplinary Hearine ‘
l Mccreanor, Michael (Shift Commander - Large Inst,)
I have received a copy of this notice on DATE.- TIME: . eee heVe been ¤¤f¤rr¤ed ef mY fltlhie te have ‘
a hearing and to present evidence on my own behalf. I understand, iffound guilty, lwlll be subject to imposition of sanctions
outlined in the Rules of conduct. , `
K |’Q2|;l'i:I'If:1|'y HBGTTITQ I an - _ Qffgndgr;
, n , Brathwaite, Kevin C `
· i Enhe `D··L e‘ii A T