Free Motion for Miscellaneous Relief - District Court of Delaware - Delaware

Case 1:07-cv—00392-SLR Document 11 Filed 08/20/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
Salih Hall, Kenneth Smith )
And Lloyd Dixon, )
Plaintiffs, )
) Etta.
Vs. ) C.A. No. 07-CV-B@
)
Governor Ruth Ann )
Minner, et. al., )
Defendants. )
MOTION FOR ORDER DIRECTING DEFENDANTS NOT TO TRANSFER
PLAINTIFFS OUT OF THE JUDICIAL DISTRICT PENDING PROCEEDINGS
NOW COMES Plaintiffs and moves this court pursuant to Rule 7(b) of the
Federal Rules of Civil Procedure, for an order directing the defendants to refrain from
transferring the Plaintiffs during the course of these proceedings. The Plaintiffs will
submit the following in support of this request:
l. Defendants, through the Delaware Department of Corrections, have a
history of retaliatory transfer of inmates out of the state that engage the
department in litigation that could have adverse effects on the
continued activity of the Department, whether that activity is leg ally
Q , ‘‘‘‘ " ‘ ‘··l · ··e··· · ·*·e questionable, and have used such transfer as a means to undermine the
E i `O `"'```”l’``'` 'A ` pending litigation, and as punishment ofthe individuals who have
O exercised their constitutional rights. The department also has a history
’‘- 3 .... ,iT"r;;l;-
ri g _ _ _
...,......i . g g of administratively transferrmg inmates who are engaged in
§; Ul . . . .
:5 troublesome court actions to adnnnrstratrve segregation, or super-max
H _ I T _ U an _ _ ii to interfere with such litigation and as a means to intimidate the inmate
population against the exercise of constitutional rights. p

Case 1 :07-cv—00392-SLR Document 1 1 Filed 08/20/2007 Page 2 of 4
2. Plaintiffs submit that they are entitled to pursue redress in the courts
without state interference or the threat of reprisal in the form of .
administrative transfer.
3. Plaintiffs move the court for an order directing defendants to rehain
from any transfer 0f the plaintiffs during the course of these
proceedings without first seeking approval of the court, after
establishing some significant administrative or security reason that may
not be resolved by any lesser means. Such an order by the court would
in no wise interfere with the discretion of the department to subject
them to any restriction that is not already existent under constitutional
law, and merely establishes the plaintiffs existing rights under court
order to assure the departments fair dealing.
WHEREFORE, Plaintiffs move this court for an order directing the
defendants to refrain hom any transfer or administrative action affecting
plaintiffs current housing placement or status without first presenting to
this court proof that such action is the only means to achieve a well stated
and documented Pena logical need. pn
Dated: %-·/`5)’6'7 Q §f
6/ Hall
SBI # 104141
Delaware Correctional Center
1181 Paddock Road
Smyrna, Delaware 19977
For Plaintiffs

Case 1 :07-cv—00392-SLR Document 1 1 Filed 08/20/2007 Page 3 of 4
Certiiicate of Service
I, Salih Hall, hereby certify that I have served a tme and correct copy of the
attached Motion for Order Directing Defendants Not to Transfer Plaintiffs Out ofthe
Judicial District of These Proceedings, upon the following:
Joseph Biden, Jr., Esquire
Attorney General
Department of Justice
820 N. French Street
Wilmington, De 19801
By placing the same in an envelop in depositing it in he United State Mail
addressed as above, this [ day of { , 2007.
, Hall
SBI # 104141
Delaware Correctional Center
1181 Paddock Road
Smyrna, De 19977

Case 1:07-cv-0O392—SLF{` Document 11 Filed 08/20/2007 Page 4 of 4
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