Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv—00696-JBA Document 84-5 Filed 05/16/2006 Page 1 of 3



UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
PRISONER
ANTHONY TORRES : CIVIL NO. 3 :03CV696(lBA)(J GM)
JOHN TROMBLY, ET.AL. : MAY 10, 2006
AFFIDAVIT OF ADAM TULLER
I, Adam Tuller, being duly sworn hereby depose and say:
l. I am employed as a Correctional treatment Officer (CTO) by the Connecticut Department
of Correction (DOC). I am presently a CTO for the I-East housing unit at Northern CI. My
duties include but are not limited to providing access to boxes of legal papers which are kept in a
locked storage room for Anthony Torres. I have become very familiar with the conduct and
issues raised by inmate Anthony Torres as a result of my duties as CTO in his housing unit
2. On numerous occasions I have spoken to Anthony Torres and I have explained to him the
procedures for exchanging one or more of the tive boxes which he has in his cell, for one or
more of the boxes which are kept secure for him in the locked storage room. Mr. Torrews may
swap one box for another, or two for two, all the way up to tive for tive, and thereby review all
of the legal papers which he has in a matter of several days. He has access to these boxes live
days a week, Monday to Friday on the first shift, the shift I work.
3. Despite my clear explanations and Mr. Torres clear acknowledgements to me that he
understands the procedure, Mr. Torres has not made a request for the boxes he has in storage for
at least approximately one month. He has gained access to several of his boxes which are in
storage and has written numbers on some of his eleven boxes which are in storage.

Case 3:03-cv—00696-JBA Document 84-5 Filed 05/16/2006 Page 2 of 3
4. Anthony Torres has been allowed a reasonable exception above and beyond DOC policy,
to maintain, and at present he has in his cell five boxes of legal materials (papers and other
documents) in addition to his items of personal property, such as clothing, personal hygiene
items, etc. Ordinarily inmates at a level 5 maximum security facility such as Northern are only
u
allowed 5 cubic feet of property under the DOC property matrix, attached to A.D. 6.l0. After a
serious incident on March l0, 2006, which threatened the health and safety of staff and inmates,
in which l\/ir. Torres covered himself, the cell walls, and the cell window with human feces, his
property had to be removed from his cell. No legal papers related to this or any other case were
stolen.
5. All of his papers above and beyond the five boxes which Mr. Torres reviewed and elected
to keep in his cell are maintained in this secure storage area. Except for 54 pages of lists of
inmates, names, prison identification numbers, race identification, and other names and personal
information including staff home addresses and social security numbers, and are not legal in
nature, but rather security threats to inmates and staff, all of the papers related to legal matters
tiled by Mr. Torres are maintained in these five boxes in his cell and the eleven in storage.
6. There is no reason why Mr. Torres could not have requested each and every box to obtain
papers he needs for a particular case during the time frame from April 20, 2005 to the present.
7. lf Mr. Torres had asked me to bring him any particular box from storage I would have
done so, provided that he would have to exchange a box which he had in storage, so that the total
would not exceed five boxes.

l
Case 3:03-cv—00696-JBA Document 84-5 Filed 05/16/2006 Page 3 of 3
I have read the foregoing and it is all true and accurate to the best of my knowledge and belief
_ ,,`__ /
Adam Tuller _
Subscribed and sworn to before me this { day of May, 2006.
Not P ic/

MARK R. suss
NOTARY PUBLIC
MY COMMISSiON EXPiRES O3/31/2007
CERTIFICATION
I hereby certify that a copy of the foregoing was mailed to the following on this /5 day
E
of May, 2006:
Anthony Torres, #246027
Northern Cl
POB 665
Somers, CT 06071
N3 even R. Strom --
Assistant Attorney General