Free MEMORANDUM in Support - District Court of Delaware - Delaware

Case1:O4-cv-01385-GIVIS Document 40-4 Fi|ed11/21/2007 Page10f3
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EXHIBIT C

= Case 1:04-cv-01385-G|\/IS focument 40-4 Filed 11/21/2007 Page 2 of 3
IN THE UNI ED STATES DISTRICT COURT I
FOR THE DISTRICTOF DELAWARE
Jack W, Wolf ) I
Plaintiff 1
y. 1 C. A. No. 04-1385-GMS
C/O Pusey, C/O Carter and Lt. S acord l o
I Defendants I )
n AFFIDA IT OF THOMAS SEACORD
I, Thomas Seaecrd havin; been duly sworn according to law, do hereby depose
and state as follows:
1. I am employed y the State of Delaware, Depa1‘tment of Correction l
(“DOC") at the Delaware C ctional Center (“DCC") Smyrna, Delaware as a
Correctional Lieutenant. I co enced employment on May 22, 1989. Among. my
responsibilities are Multi Disci Iinary Team Chair of the Security Housing Unit and _
Maximum Housing Unit.
2. I make this affida it based upon my personal knowledge.
3. On July 28, 2004 a little after 110 hours I responded to a call that an
inmate was nomcompliant and . fusing to lock-in his cell as directed. As I entered the
observation room building 22, I bserved Inmate Wolf acting in a noisy way. ·
4. I instructed him to- calm down so that I could find out what was
happening. Inmate Wolf contin ed to act in a hostile way, as he repeatedly shouted
profanity and refused orders to 1:alm down. He seemed to complain about having back .
pain and tlt he could not stand !p.
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Case 1:04-cv-01385-G|\/IS Tocument 40-4 Filed 11/21/2007 Page 3 of 3
4. Officer Raney exp; airied to me that inmate Wolf had been seen by medical
- previously, and that they did not cl anything wrong.
5. Inmate Wolf conti med to exhibit his anger while in handcuffs. He yelled,
i “f———k (expletive) you bitches an lunged at me while I was standing in front of him. The
correction officers in the room abbed Wolf by the arms and pulled him away from me
and sat him down. I left the o servation room after baclc up officers were called to
transport inmate Wolf to isolatio confinement. I went to my oliice and called the shift
commander to make a report of Ltlis incident.
I 6. At no time did I lfit Inmate Wolf in the head or body. I did not observe
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inmate Wolf being slammed. on a art, or being abused by any staff at any time. l
7. I and staH` respon cl with the appropriate use of force necessary to restore
and maintain order without injury to staff or inmates. _
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SWORN TO AND SUBSCRIBE before me this clay of 200‘7. _
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