Free Letter - District Court of Delaware - Delaware

Case 1:08-cv-00368-GMS

Document 23

Filed 07/28/2008

Page 1 of 2

DEPARTMENT OF JUSTICE
JOSEPH R. BIDEN, III
ATTORNEY GENERAL NEW CASTLE COUNTY 820 NORTH FRENCH STREET WILMINGTON, DELAWARE 19801

CIVIL DIVISION (302) 577-8400 FAX (302) 577-6630 CRIMINAL DIVISION (302) 577-8500 FAX (302) 577-2496 FRAUD DIVISION (302) 577-8600 FAX (302) 577-6499 TTY: (302) 577-5783

July 28, 2008 The Honorable Gregory M. Sleet United States District Court District of Delaware J. Caleb Boggs Federal Building 844 N. King Street Wilmington, DE 19801 Re: Shepherd v. Danberg, et al., D. Del., C.A. No. 08-368-GMS

Dear Chief Judge Sleet: On June 19, 2008, Donald L. Shepherd filed a complaint initiating the abovecaptioned matter. (D.I. 2). To date the Defendants in this case have not been served. Approximately two weeks after filing his complaint, on July 9, 2008, Shepherd filed a letter with the Court claiming that Correctional Medical Services was "punishing [him] by stopping [his] life threatening medication...." (D.I. 9). Shepherd asserted that the medication that CMS had stopped administering was Clonidine HCL. By Order dated July 14, 2008, this Court ordered Warden Perry Phelps to respond to Shepherd's assertion that he was not receiving Clonidine. (D.I. 11). Please consider this letter a response on behalf of Warden Phelps to Shepherd's July letter. Warden Phelps has no personal involvement with the administration of Shepherd's medications. However, a review of Shepherd's medical records reveals that he received Clonidine throughout the entire month of June 2008, even after he filed his complaint. (Attachment A ­ Medical Administration Records). Moreover, Shepherd's medical records show that he continues to receive the medication in July. (Id.). Therefore it appears that Shepherd's allegation that his medication was stopped is without merit.

Case 1:08-cv-00368-GMS
The Honorable Gregory M. Sleet July 28, 2008 Page 2

Document 23

Filed 07/28/2008

Page 2 of 2

I trust this letter satisfies the Court's Order. If the Court has any further questions or concerns, or believes that a more formal response is required, please do not hesitate to contact me at (302) 577-8400. Thank you. Sincerely, /s/ Erika Y. Tross Erika Y. Tross, DAG Attorney for State Defendants EYT/bja Sealed Attachment cc: Donald L. Shepherd, Plaintiff