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

.- Case 1:04-cv-O1542—GI\/IS cument 100-11 Fi|ed_06/01/2007 Page 1 of 2 4 ‘
. INTHET QED STATES DISTRICT COURT y _ _
‘ _ FOR T DISTRICT OF DELAWARE .
` Kevin Breithwaite a ) l
_ - Plaines;] i _ _ e
- ‘ ) CA. No. 04-1542-GMS
P ) . ` r
Marcello Rispoli et al,. )· ‘ T1ialBy Jury Dernanded
‘ _ Defenden . - I ‘ ‘
` ‘ l · I y AFFIDAVIi[ OF LT. MARCELIQO RISPOLI y
I l f· __ I, Marcello Risnoli, hevirig been duly sworn according to law, depose end state as _
y i A follows: . · I _ B _ _ ‘ I
I h 1. I make this efiide it based upon nersonel infomation.
I _ ‘ 2. I am employed y the State of Delawaxefs Departmentof Correction _ ‘ I
A _ ("DOC”) as e Correctional Lict enant at the Delaware Correctional Centcr,("IjCC") in
n Smyrna, Delaware. My responsi ilities include the implementation of prescribed policies ‘ I n
· and procedures as well as ensu ing the enforcement of institutionalfdepertmental tules *
_ and regulations for staff on inmates. Adddional duties include directing and . ·` E
A _ _P3I'll¤ip&ll1‘1g in Sbttkedovms of fuildings, grounds and eel] iblooks to detect contraband . l
o andfor defects in the security sys em. y I A · · ‘ _.
_ . e I 3, On October 9Q 2+4, I was the supervisor for the 4:00 pm. to 12:00 ann. _ .
' shift, My eupervisory duties moluded Building 18 in SHU, the maximum. Security L
H n housing. unit, as well es several er buildings. i ‘
` - - _ J 4t gn october 9é 3 04, at around 10:20 PM, it vias renorted to me that -- ·
= l n Plaintiff Kevin Braithwaite (‘V raitl1weite")`}:1ad attempted to hang hirnseli When I- · ·
t on QI l i

I _ _ Case 1:04-cv-01542—Gl\/IS jocument 103-11 Filed 06/01/2007- Page-2 of 2 .
I _ . arrived at Building #17, I _ told that Braithwaite had been capstzmned by C/O ‘
Stephanie Carpenter. Carpenterltold me that when she saw Braithwaite with a noose.
` around his neck she ordered hi cell door opened. As soon as- the door was opened;
however, Braithwaite lunged at er resulting in her using capstun on him. Braithwalte
was subsequently placed inthe terview Room wherehe told me that he really was not ` e
going to go through with the "h ging” but-felt this was the only way he was going to get
` tothe infrniary for treatment r hisshoulder and rib, While Braiiiiwaite was in the
— g interview room a nurse A from edical arrived to examine him., The nurse cleared n
Braithwaite to return to.»cel1#13 here as a-precaution he was placed on strip status.
· o 5. Later on that eve ing around 11:10 PM, Iwas called back to building #18- l
A as there was a report that the iruliate in cell #12 was cutting himself While dI was there,
T Braithwaite told me that he was Laing to do the same thing and that he was- not going he ~ l
doing any isolation time. Meliical was- called and Braithwaite was subsequently · .
` transferredto the infimiary. . ` n ` i
6. I was not on duty ' the infirmary on October 22, 2004; therefore, I did not
n assault Braithwaite as he alleges Moreover, there are no Incident Reports reflecting that 0
- this assault ever occurred by any DOC personnel working on that shift. ‘ . » l
n SWORN TO AND SUB CRIBED before me this QL day cf May, 2007. · i
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