Free Reply Brief - District Court of Delaware - Delaware

1616677 Case 1 :04-cv-01542-GIVIS 0S/12/2005 Page 1 01:2--U - W-in
SMYRNA DE, 19§77
Phone#: §02;§53§2§1
INCIDENT REPORT
I §roup#:_l;l_/5 Type: Inmate Involved Incident Date: 19/18/2004 Time: 33:00 Confidential: lg; l
I- -·$l“ti/I DCC Delaware Correctional Center Followup Required :_ig.|_g I
Associated Disciplinary Report #(s):10136§3
Incldent Location: D/INFIRMARY E
Location Description:Infirma[_y housing rm#191 {
iolated Conditions: 1.18/200.218 Possession of Dan rous Contraband i
2.03/200.106 re tin a Health Safe or Fire Hazard .
2.06/200.108 Failin to Obe an r
2.13/200.111 Possession of Non-D n erous Contraband i
Description of Incident: l
On the above date and time, I, Lt. Godwin - unit #12, along with: Lt. Rlspoli, C/O‘s Adam Zimmerman - unit #25, Russell Martin -
unit #26, Donna Manno - Inf., Kenneth Hedges - Inf., went to inmate Kevin Brathwaite's cell ( #191) in the Infirmary to retrieve all
unallowable items for a phase—2 inmate. Upon reaching his cell the door flap was opened and Lt. Rispoli called to inmate
Brathwaite who appeared to be sleeping and told him to get up and cuff-up. Inmate acknowledged us but was slow to respond. I
looked down through the window above him and saw him pull an item wrapped in plastic wrap from beneath his mattress with
his right hand and then shove his right hand down towards his groin as he rolled to one side. Inmate Brathwaite finally stood up I
and was cuffed by Lt. Rispoli who used two sets of handcuffs. We then entered the cell and boxed up all items and searched for J
any hidden contraband. Afterwards, inmate Brathwaite was stripped of his orange pants and boxers and there tucked beneath his
groin was the item I had seen him pull from beneath his mattress earlier. Inmate Brathwaite was told to squat and when doing so
the item fell to the floor. I picked it up and uhwrapped 1- cell phone, model # CDM8500VM, serial #32903510, FCC ID #PP42X- I
500; 1- battery #NTO330DPB; and 1-battery charger, model #CRN, part #2RC8500. We then exited the cell and uncuffed inmate
Brathwaite through the door flap without incident. Other items confiscated during the search were: 2 - pieces of heavy gauge solid Q "
¢~'ectrical wire approx. 10 inches long, 2 - bags of Swedish fish candy which are not sold in the commissaiy( 1-opened, 1-sealed ) ;
I I 2 - bags of Planters sunflower seeds ( 1-opened, 1-sealed )which are not sold inthe commissary. Ithen called and reported l
ithis incident to shift commander, S/LT. R. Taylor.! eor ‘ I
Injured Persons I-lospltallzed Nature Of Injuries
/A N/A IA
lEvidence Type: cell phone, batteg and batteg Qarger, 2;gc of wire. Dale C¤|l¤¤l¤d¤ 10/18/2004
|Dlscovered By :, Lt. D. Godwin Secured By:, N/A i
ype of Force Used: [] PHYSICAL [] CHEMICAL [] STUN [] OTHER [] CAPSTUN [X] NONE
Restraints Used : N/A
mmediate Action Taken:
rote this report. !
_ ‘ .Individu'aIs‘ Involved? ‘_ . .` _ y I · * _ _ ·
°··d¤ me
I errick, Godwin R N/A - taff L / gg _ l g g
@ arcane, Rispeii T N/A err Li./Li _
M · dam, Zimmerman .1 N/A _ erracuenai m cer yy _ _ _ y
' ussell, Martin S N/A orrectional Officer ggggg g gg
w • onna, Manno N/A • irectlonal Officer _ _
enneth, Hedges E N/A orrectional Officer gg g g
taff =' amon, Taylor N/A taff Lt./Lt _
ornate evln, Brathwaite C 00315294 /A
peportlng Officer:Godwin, Derrick R (Staff Lt./Lt) Entered By:Godwin, Derrick R (§tgff Lt./Lt)
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‘{61gg}}` case 1 :04-cv-01542-GIV| /12/2005 Page 2 OFE" “"_T"" `'”"
§M!RNA DE, 19§7T
Phongg: 303-6§§—§261
INCIDENT REPORT
§iroup#;@ Type: Inmate Involved Incldent Date: Time: 2§:0Q Confldentlal: {sg
TT; ````I ""I`”";?"`;“‘“%TT-`_`_:"`““*“_””_““IIT,§,§I3§, m§{` "15" I = I I
|® Approved Ijblsapproved Date: 10/19/2004 Ap¤f¤v¤¢| byi Scarborough, James (Shift Cgmmander- Lagge Inst.)
IComments: NIA I
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