Free Declaration - District Court of Delaware - Delaware

Case 1 :07-cv—OO392-SLR Document 17 Filed O9/24/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Salih Hall, Kenneth Smith and ) .
Lloyd Dixon III, ) .
Plaintiffs, ) C
Vs. I C.A. No. 07-CV-00392
Governor Ruth Arm Minner, g l
et. al., )
Defendants. )
DECLARATION IN SUPPORT OF PLAINTIFFS MOTION FOR TEIVIPORARY
RELIEF
Kenneth Smith, declares under penalty of perjury:
l. I am a plaintiff in this case. I make this declaration in support of my motion for a
temporary restraining order and a preliminary injunction, styled amotion for Q
llCI]1pOI'ElI'y ICIICI, to CIJSUIC that I receive DCCCSSEIIY lZI'€3Il]1€I1I I`OI' my I1Cl1I'O·
chemical disease of chemical dependency.
2. As set Both in the complaint I have been declared a habitual criminal pursuant to
. the State of Delaware’s criminal statute, ll ., subsection 4214, for criminal
offenses and past convictions that were the direct result of my disease of chemical
dependency, when I was the subject of systemic racial discrimination in receiving
state provided treatment as an initial criminal justice response to my offenses
when it was known that my criminal conduct was committed to support my
addiction, a symptom of my disease.
3. With professional treatment scientific statistical data indicates that I could have
likely entered a life of recovery and lived a crime free o e __
A

y Case 1 :07-cv—OO392-SLR Document 17 Filed O9/24/2007 Page 2 of 3
current dilemma of having been declared a habitual criminal on the basis of crime
committed as a direct result of a known brain disease.
4. I have pursued this action believing that the state’s failure or deprivation of state
provided treatment, particularly on the basis of race, amounts to deliberate
indifference to serious treatment needs that could have placed my disease into
remission, and consequently, lam now enduring significant and irreparable harm
entitling me to relief as a matter of law and fact.
5. Plaintiffs addiction began before he even became a teenager. All of his criminal
offenses were the direct cause of his chemical dependency, however, he never
received treatment for his disease even though he continued to seek help from the
courts. ln 1996 the Plaintiff was accepted by the then Passage Way Program
while he was incarcerated at Gander Hill Prison and participating in the Pre—
Release Class. On the day plaintiff was scheduled to be transferred to the Passage
Way Program he was informed that he could not go because of an outstanding
. warrant. Plaintiff pleaded the some look into the matter because the alleged
warrant could not have been against him because it was for a incident that
occurred while he was already incarcerated. However, he was ignored and
. another inmate on the waiting list for transfer to the program was given his bed.
Once plaintiff was taken to court for the warrant it was learned that he was not the
Kenneth Smith on thewarrant. Instead of every going to Passage Way, plaintiff
was transferred to the Plummer Work release Center. Once released to probation,
an just before arrest on the offenses for which he is now incarcerated, plaintiff
went to his probation officer and reported that he had relapsed and was using

0 Case 1:07-cv—O0392-SLR Document 17 Filed O9/24/2007 Page 3 of 3
again. Plaintiff probation officer promised to arrange for his treatment at a level
4 drug program around December 19, 1997. However, plaintiff` s placement in a
treatment program again never materialized. When plaintiff was arrested for his
current offenses, his substance abuse and treatment were suppressed and
disregarded by both the prosecution and the court, and he was proceeding against
as incorrigible when he sought treatment but was never provided it. I
6. For the foregoing reasons, the court should grant the plaintiff's motion in all
respects.
Pursuant to 28 @@5, Section 1746, I declare under penalty of perjury that the
foregoing is true and correct, this ,75 day of 3 ,—Pr.Q: , 2007.
Kenneth Smith rl
SBI #
Delaware Correctional Center
1181 Paddock Road
Smyrna, De 19977