Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1 :04-cv—00921-SLR Document 88-5 Filed 09/25/2006 Page1 0f4
Exhibit D

Case 1 :04-cv-00921-SLR Document 88-5 Filed 09/25/2006 Page 2 of 4
UNITED STATES DISTRECT COURT
FOR THE DISTRICT OF DELAWARE
Plaintiff, g
v. g Civil Action No. O4-921 (KA3)
Toliver et al., g
Defendants. >
PLAINTIFES FIRST EQUEST FOR DOCUMENTS
_ Pursuant to Rule 34 ofthe Federal Rules of Civil Procedures, Plaintiff
respectfully reqnests the following documents be produced within thirty (3 0) days at
Connolly Bove Lodge & Hutt LLP or such other location which is mutually acceptable to
the parties:
“i. Each and all documents referring, reflecting, or relating to Plaintiffs
1 medical records from or around 1986 when Plaintiff was incarcerated to the present 1
(except those already provided to Plaintiffs counsel).
2. Each and all documents referring, reflecting, or relating to any psychiatric
evaluation of Plaintiff in the following years:
1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997,
i998, 1999, and 2000 (except those already provided to Plaintiff s
counsel).
3. Each and all documents referring, reflecting, or relating to Plaintiff s -
mental or psychiatric conditions at or around the time of Plaintiff s incarceration in 1986.
4. Each and all documents referring, reflecting, or relating to each infraction,
criminal charge, or other offence, which formed the basis for additional sentences
47385%}

Case 1 :04-ov-00921-SLR Document 88-5 Filed 09/25/2006 Page 3 of 4
imposed on Plaintiff from l987 to 2000, including but not limited to, the following
charges against Plaintiff on or about the indicated dates:
a. l\lovem‘oer 25, 1987, assauit in detention facility and second degree
conspiracy
b. October 25, 1989, carrying conceaied deadly weapon and promoting
prison contraband
c. February 6, l99l, second degree assault
d. November 24, l999, first degree arson
l 5. Each and all documents Defendants intend to rely upon to prove Plaintiffs
mental capacity or incapacity from 1986 to 2000.
6. Each and all documents relating to medications given to Plaintiff by or on
behalf of Defendants from 1986 to 2000 (except those already provided to Plaintiffs
counsel).
7. Each and all documents removed from Plaintiffs possession during his
incarceration or mental/psychiatric confinement, including but not limited to his legal
work and papers.
Dated: 3"nne 30, 2006 ;;'
Zhan Lu, Esquire (#4427)
Connolly Bove Lodge & Hut; LLP
The Nemours Building
1007 North Orange Street
P.O. Box 2207
Wiimington, Belaware 19899
Telephone; (302) 884-6262
Fax: (302) 658—56l4
Email: [email protected]
Attomeyfor Plcztnryjf
473857—l

Case 1 :04-ov-00921-SLR Document 88-5 Filed 09/25/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on June 30, 2006, a true and correct copy of the foregoing
PLAINTIFPS FIRST REQUEST FOR DOCUMENTS was caused to be served on the
following by hand delivery on:
Erica Y. Tross, Esquire
State of Delaware
Department of Juetice
Carvel State Building
820 N. French Street
Wilmington, Deiewere 19801
/S/ Zhun Lu l
Zhan Lu, Esquire (#4427)
[email protected]
473 8S'/—1