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

· Case 1:04-cv-01542—Gl\/IS Iocument 103-3 Filed 06/01/2007 Page 1.of 4 n
i n IN THE UNI ED STATES DISTRICT COURT . n
- FOR T DISTRICT OF- DELAWARE
· Kevin Braithwaitc _ ) l l U ‘
Plaintiff, ‘ - _ ‘ -
) CA. No. 04~1 542-GMS
v- ) ' i » E
· I Marcello Rispoli et al., i Trial By Jury Demanded -l ·
Defendants. - g ` _
‘ ·3'· AFFID .VIT OF MATT STEVENSON B g ‘
I, Matt étevenso , having been duly sworn according to law, depose and
- state as follows: I , I I
‘ i I _ I. I Irnake this afflda it based upon personal information. _ g V
· _ 2. I am cmployednb the State of Delawa.re’s Departrnent of Correction as a I n
- Correctional Lieutenant at the Delaware Correctional Center (‘“DCC") in Smyrna, -
Delaware. I hsnpe been emplo ed by the DOC since July, 1998. My responsibilities ·
include the implementation . f prescribed policies- and procedures ensuring the _ ‘ ‘
enforcement of institutional/de arnnental rules and regulations for staff and inmates.
_ ; Additional duties include directi g and participating in shalccdowns of buildings, grounds 1
` l and cell blocl . n _ B if 3. i On October 9, 2%*04, around 9:00 Eiuilding #17 called Building #20 e `
. control requesting back-up assis nce on El—Tier. Sgt. Dayid Phillips and I responded and l ‘
found Sgt. Wallace, and C/Os lGreg Turner and Edwin Nwkopara at Plaintiff Kevin
. Braithwaitrfs ("Braithwaite") ee 1. Sgt. Wallace informed us that Braitliwaite refused to
__ remove his, boxers during thi sl1al·:edown raising suspicion that Braithwaite was l
n y y en . B4 t t i »

Case 1:04-cv-01542-GIVIS ocument 103-3 l Filed 06/01/2007 Page 2 of 4
concealing something in the wai band of the boxers as there was a slight bulge We also E
were informed that Sgt. Wallac used capstun on Braithwaite as Braithwaitc had swung l
S on Sgt. Wallace. lz l _ S- .
. 4. Sgt. Phillips crde dl the control pod to open Braithwaite’s cell door and
P ordered Braithwaite to come to t e door to be handcuffed. Braithwaite refused saying that
he wasn’t going to be handcuff di Sgt. Phillips repeated the order. Finally, Braithwaite l
approached the docrlvery slow! and reluctantly . At this point Sgt. Phillips ordered him I _
to turn around to be handculfe . Braithwaite complied, but just as Sgt. Phillips was
` ` _ handcufting Braithwaite, he plied away and attempted to strilre Sgt. Phillips with his l
S _ free hand due to the fact he not completely secured at this point. Simultaneously, l
n S gis. Phillips , Wallace and Mys if pulled out ofthe cell. Phillips and Wallace were P l
securing his arms and I secured 's legs. We then handcuffed and shackled him. · .
I 5.. Sgt. Phillips and then escorted Braithwaite to Building #20 and placed
l him in the cage until he could b seen by medical. Nurse Kira airived and poured milk .
on Braithwaite‘s face neutralirfxg the effects of the oapstun. Braithwaite was then
‘ cleared to be moved to Buildin #18 C tier isolatioz1. {Sgt. Phillipsand I then escorted g A
- _B1‘a.ithwaitc to Building #18 and placed in lower cell #3 on C tier isolation i
I S without any furtlter incident. n _ _ -
I n SWORN TO AND SUBS RIBED before me this g day of May, U
. ` ` Nctecr _ - ‘
i P ell. Bri . ~ y

I ·|u1¤5·;5 I · amxma Laflumg HOSE I ’
` Case 1:04-cv-O1542—Gl\/IS DQYIRNII DEQ @977 Filed 06/O1/2007 Page 3 of 4
Phoneilli 302-653-9261
INCIDENT REPORT
Grpup#:_l;i_lA Type: lnmate Involved Incident Date: 1Dl09/2004 Time: 09:00 Confidential: gr
¤¤¤IiIlY¤DC_C Delaware Correctional Center _ Followup Required :_|;l_g . I
Incident Location: Bldg.17 B Tier . . I
Location Descriptlontcell CUB ` . I
iolated Conditions: 1.02I200.201 Assault I I
1.05f200.203 Disorderl ‘ r T ' ehavior
1.15l200.21B Possession of Dangerous Contraband I
2.05/200.108 Failin to Obe an Order — I
" 2r13!200r11 1 Possession of Non—-Dan erous Contrabancl I I
Description of Incident: A I I
On 10/9/2004 at approx 0_900 Building 17 called Building 20 control and said they needed backqup in building 17 B tier. Sgt. I
David Phillips and myself {Sgt. Matt Stevenson) responded to Building 17 B tier and found Sgt. Robert Wallace, CIO Greg i I
Turner, and CIO Edwin Nwkopara at Cell upper B which is Inmate Kevin Brathwaite #00315294. Sgt. Wallace briefed Sgt. Phillips I . I
and Sgt. Stevenson that Inmate Brathwaite was refusing to let him check his boxers for a shakedown. Sgt. Wallace explained E
that he was pretty surethere was a bulge in the waist band. Sgt. Wallace had used Cap-foam on Inmate Brathwaite (which was I
inetfectlve) because lllvl Brathwaite had swung on Sgt Wallace. So Sgt. Phillips approached the door and had 17 control pod I :
open cell door at which time Sgt. Phillips called Inmate Brathwaite to door to be handcuffed. Inmate Brathwalte refused saying
he wasn't being handcuffedl Sgt Phillips repeated the order. Finally Inmate Brathwaite came to door and Sgt. Phillips told Inmate I I g
Brathwaite to turn around-which inmate Brathwalte did. However as Sgt. Phillips was handcufling inmate Brathwaite, he pulled » I I
away and attempted to strike at Sgt. Phillips. Sgt Phillips, Sgt. Wallace, Sgt. Stevenson, C/O Turner, and C/O Nwkopara took l E
Inmate Brathwaite to the Iground and handcuffed and shackled him. Sgt. Phillips and I then escorted inmate Brathwalte up to I {
_Building 20and placed him in th cage until he could be seen by medical. Sgt. Phillips had Nurse Kira see Inmate Brathwaite. Q
|Nurse Kira poured mill-: on Inmate Brathwaite‘s face and cleared Inmate Brathwaiteto be moved to 18 C tier isolation. Sgt. I
llips and I then escorted Inmate Brathwaite to Building 18 and placed him in lower cell 3 on C tier isolation status. I .
. · Injured Persons ` Hospitalized Nature Oflnjuries
- MM ;
Evidence Type: Ng . I Date Collected: MA I
Discovered By 1% l Secured By:L¤l_L9t_ — -
ype of Force llsed: [X] PHYSICAL [] CHEMICAL []· STLIN []__ OTHER {X] · CAPSTUN [] » NONE - ;
Restraintstlsed : cuffs & shackles per SOPs ‘ ·
inmediate Action Taken: g
` IM placed in isolation on pre-hearing detention . I -
· I ·_ - -· _‘ f. _ ; .-._ _ I _I. A -_ 1ili‘aig>i§;itiaIejin ;s:ve;ij:I II { II ,·i_. . I. ‘ I ‘.·. I __--_- . ____ jg _.·_ g - — . -
*’°*S°"°°·’° Tir i I
taff ¤ athew, Stevenson »- ` NIA I Il a st. II IIIIIII ____II__II I I
are Phillips . ` NIA I . I S L I .
taff =" obert, Wallace J NIA II I por ll La I I II
taff I dwln, Nkwopara O NIA Iorreclional Officer I IIIIII I
r¤s¤r>·· Turner M NIA _... . 8 - L l .._. We
l re Hasan D - I- NIA . i M l aa. eo N t . it I
nmate evin, Brathwalte C ‘ 00315294 = IA
Ileportlng Officer: Stevenson, Mathew {Co Coggorallsgt. - Large Entered By: Stevenson, Mathew (Co Corporal/Sgt. - Large

{ i umyna LHIIUIHQ §QH¤
` ww": Case 1 :04-cv-01542-GI\/IS _D0 Fi|ed 06/O1/2007 Page 4 of 4
‘ · ghone#: 302-653-9261 -
· I INCIDENT REPORT _
¢’··rgup#:I_§I_Lg Type: Inmate Involved Inclcleritbate: 0l09/2004 Time; 09:00 _ Confidential; mg
I ` - I ` ` ‘ · Q .·; :·AnIif¤v¤.I-Ihfér¤3§?I§n*-· e_ I.·‘ < ‘°=»#
IX Approved |;|DIsapproved Date:10/09l200-4 Approved bYiReyn0Ids,K1rk (Shift Commander.- Large Inst.) I
· Comments: NIA
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