Free Declaration - District Court of Delaware - Delaware

, Case 1:07-cv—O0392-SLR Document 16 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, )
H Vs. g C.A. No. 07-CV-00392
Governor Ruth Minner, g
et. al., )
Defendants. )
. DECLARATION IN SUPPORT OF PLAINTIFFS MOTION FOR TEMPORARY
RELIEF
Salih aka Salih Hall, 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 a motion for
temporary relief to ensure that I receive necessary treatment for my neuro-
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 DQQ., 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 connnitted 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 crim thus avoided my
. ii iii L
.._. _ mmm li E

q Case 1:07-cv—O0392-SLR Document 16 U 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. 1
.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, I am now enduring significant and irreparable harm
entitling me to relief as a matter of law and fact.
5. Plaintiffs criminal history is the result of his disease, going back to juvenile
arrest. Plaintiffs disease was presented to each court on the record in seeking
treatment. At the time of plaintiffs first conviction that resulting in a jail
sentence was February, 1979, at which plaintiff presented his addiction to the
intravenous use of cocaine at the time to the honorable Robert C. O’Hara. The
prosecuting attorney argued in ignorance of the disease that cocaine was not
addictive. Based on that argument and a finding that cocaine is not addictive, the
plaintiff was denied treatment and sentenced to a 10 year prison term. This is a
matter of court record. Following this first denial of treatment on an erroneous
basis, plaintiffs addiction progressed and he continued to use once released from
prison and picked up subsequent offenses. Addiction and a request for treatment
became an issue in each case, were rejected and plaintiff sentenced to prison time.
Plaintiff finally obtained prison based treatment for 1993 through 1997, upon
release enjoyed an unprecedented period of recovery and progress which ended in
his current conviction which was the documented result of side effects of
prescribed medication, which was well documented in the pre-sentence report,

Case 1:07-cv—O0392-SLR Document 16 Filed O9/24/2007 Page 3 of 3
complete with psychiatric report indicating that his relapse back into active
addiction and subsequent criminal offenses were the result of side effects of a
combination of narcotic pain medication and interferon, and that had it not been
for the neuro-psychiatric side effects ofthe medication plaintiff would not have
committed the offenses. _
6. For the foregoing reasons, the court should grant the plaintiff" s motion in all
respects.
Pursuant to 28 USCA, Section 1746, l declare under penalty of perjury that the
foregoing is true and correct, this / ijbi day of _ QD ’ ’ h 007.
ahh aka Salih Hall
S 7 SBI # 104141
Delaware Correctional Center
1181 Paddock Road
· Smyrna, De 19977