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

Case 1 :04-cv-01383-SLFIDGCD elmlan¤tG39rQctionEl|6dntQ·/29/2005 Page 13ote2‘i2»'2Ul'2005
myrna Landing Road
SMYRNA DE, 19977
hone No. auz-65:+9261
GRIIEVANCE REPORT
‘ ’ _ _ Cl FENDE ‘ IGRIEVKNCE IIWORMATIGN ` — . · _ s
Offender Name : LINDSEY, GERRON M §BI# : 00326202 Institution : DCC
Grievance # : 8215 lirievance Date : 10l09!200=‘l Category : Individual
status : Non Grievable esolution Status : R¤¤¤|· Date ¤
Grievance Type: Disciplinary ncldent Date : ·I0i'09/2004 incident Time : 20:30
IGC : Curlett, pawn M ouslng Location : Bldg 19, Upper. Tier B, Cell 9, Single
y y ‘ OFFEN · ER GRIEVAHCE DETAILS _ ‘
Description of Complaint: On the above date and approx. time I returned to the S.l—l.U. from the lnhmwary and was placed in
5 building 18 c-tier L-2. This cell that I was placed in had food all over the floor and wall and the floor
had puddles of water wi h a mattress without a plastic cover and I was told by Sgt. Carpenter to
sleep in it. When CIO G nzales passed out sheem I tied my sheet around my neck and attatchedit
to my vent. At this time JO Gonzales gave me an order to come down which I did and I was taken
» into the interview room where Nurse Holly came to speak with me. I told this nurse I had thoughts
on hurting myself and age replied saying! Oh well by moming you'lI be dead. At this point the
nurse told Lt. Rispoli tot ke my clothes and my mattress. For approx. ten minutes I was in the cell
without clothes and a mattress on a wet floor. At this point I started to out up my arm with an object I
I had. CIO Gonzales noticed the blood when he came by to do his checks and called for back up. _
While these officers aw ited for la ck up an officer told me to stand at the door with my hands
behind my back which did do. At this point Lt. Rispoli got my cell opened reached around my
_ body and pepper spray me. He then told me to stand in the center of the cell which I did do. At
this point Lt. Rispoli han cuffed me and backed up to the door and sprayed my body down with a
garden hose saying; It will be a cold night for you. Lt. Rispoli continued to spray me with the hose
while making jokes for approx. five minutes. At this point Lt. Rispoli came back into the cetl and
told me to look up at hid: and pepper sprayed me directly in my face. I was then then taken to the
interview room where I as cuffed to the table and sat on the floor naked. Approx. 30 minutes later
y Lt. Rispoli came in and told me to get dress and ne uncuffed me. He stated: the next time you pull
this shit you will find a b com up your ass. I was then taken to the Infirmary bare footed. Lt. Rispoli
wrote a report saying w en he came to my cell I was biting myself to justify him pepper spraying
me. Nurse Brenda is m witness that the wombs I have are not bite marks they came from a metal
object which l gave to urse Brenda once I go to the Infirmary. So Lt. Rispoli had no reason to
pepper spray me 2 time within 10 minutes. end of report.
Remedy Requested: In stigation by grievance board, internal affairs and warden Thomas Carroll.
I Remedy Requested : Non—C-irievable, Discipli ry Action
Expired filing period, ex eeds 7 days from date of occurrence.
.. v_ IND IDUALS INVO VED
_ T · = _ Nilmft
. _ ADDITIO ‘ L GRIEVANCE INFORMAT UN ` .
Medical Grievance : NO Date Received by Medical Unit :
Investigation Sent : Investig ation Sent To :
Grievance Amount :
Page 1 0f2

Case 1 :04-cv—O1383-SLIBCC eg1g§,$é§t;°nJfQggj,tg?/29/2005 Page §£jQ2;;0_I2U05
myrna Landing Road
SMYRNA DE, 19977
P one N0. 302-653-9261
INFO MAL RESOLUTION
I OFFENDE GRIEVANCE INFORMATION [ `
Offender Name : LINDSEY, GERRON M §BI# : 00326202 Institution : DCC
Grievance# :8215 rlevance Date : 10l09!2004 Category : Indlvidual
Status : Non Grievable esolution Status: |¤¤'|¤¢¤ $i¤t¤¤ =
Grievance Type: Disciplinary resident Date : 10!09!2004 Incident Timo; 20S30
IGC = C¤FI¤¤· Dawn M cueing Locatlon smog 19, upper, Tier s, cou s, smgno
_ [ _:_: - ·‘ _.- I ‘ ·‘ e ‘ F RMALRE OLUTION-‘ · s .
Offenders Signature:
Date :
Witness {Ofticer) :
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