Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—01422-G|\/IS Document 77 Filed 04/19/2007 Paget of4
¤.Aw OFFICES
ABER, GOLDLUST, BAKER & OVER
(AN ASSOCIATION OF LAW PRACTICES)
702 KING STREET, SUITE 600
P.O. Box 1675
WILMINGTON, DELAWARE 19899-1675
GARY W. ABER, P.C. (302) 472-4900
PERRY F. GOLDLUST, P.A.* TELECOPIER (302) 472-4920
ECEEEE E.E’E'YEE;."“` APf010·2007
SHAUNA T. HAGAN
SAAGAR B. SHAH
The Honorable Gregory M. Sleet
United States District Court
844 King Street
Wilmington, DE 19801
RE: Hamilton/Elohim v.Guessford, et.al. (
C.A. No.: O4-1422 {GMS)
Dear Judge Sleet:
I write to the Court with regards to a second discovery dispute, and Your Honor's
directions contained, in Paragraph 3(a) of the Cou1t's Scheduling Order.
As you will recall, this is a suit by the plaintiff against the defendants for an approximate
four year "overstay" of his period of incarceration, beyond the date which he should have been
released. As a part of this case, with regards to damage portion of the case, the plaintiff had
requested from the defendant to produce all of his medical records. While the defendant has
produced some medical records, they seemed to have withheld certain medical records.
Attached to this letter, as Exhibit No. l is a memorandum from the medical service
providers of the Delaware Department of Corrections. As you can see, it lists various
consultations, contacts, and medication supplied to the plaintiff during the four years which he
was held beyond his release date. This information is critical to show the emotional/mental
suffering that the plaintiff suffered during that period of "overstay". The defendants have failed
to produce those records, which should have been within either their custody, or control. The
defendants merely state, when I ask for the documents, that they have given to me everything
that they have. Despite my efforts to have them search for these documents, they will not
provide them to me. It would seem to the plaintiff that if those records are not in defendants'
physical custody, in Delaware, since Prison Health Services, Inc., contracted with the Delaware
Department of Corrections, they are thus, within the Department's control, if not custody, and,
they could obtain them. _

Case 1:04-cv—01422-G|\/IS Document 77 Filed 04/19/2007 Page 2 of 4
The Honorable Gregory M. Sleet
April 19, 2007 T
Page Two
The plaintiff would request an order directing the defendants to either search and/or
produce the requested records, or to obtain them from their contracted agents.
Thank you for Your Honor's consideration.
Respectfully,
/s/ Gary W. Aber
Gary W. Aber
GWA/mac .
cc: Eileen Kelly, Esquire 0
Mr. Jerome K. Hamilton

Case 1:04-cv—01422-G|\/IS Document 77 Filed 04/19/2007 Page 3 of 4

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AZIA Prison Health Services, inc. r l f
TO: · inmate Grievance Chair · G
FROM: Daphne Carroll, M.C. jp @· A » ,
. Mental Health Site Supewisor · " . "
` DATE:_ March 29, 200.0 G A A A _ A
RE: Inmate Grievance No. Med0003024 r
_ This department is very familiar with the inmatejerome Hamilton and he `
A V has been receiving services from this department for many years. A
Following are the dates that reflect our contacts and the nature of the
A contacts over the past year. _ g ` l
3/1 5/O0 medications changed V A ;
· 3/14/00 therapist contact 4 ° `
A 2/29/00 therapist contact . · A
2/ 1 6/00 psychiatric contact A A A
l 2/1 1 /00 therapist contact _ ‘
_ ` 1 /19/O0 ` psychiatric contact -
1/7/00 therapist contact ” A .
‘ ` 12/10/99 therapist contact `A r 4
12/8/ 99 psychiatrist contact A '
. 11/29/99 therapist contact · . _ -_ l »
10./28/99 A therapist contact . l A ’ A
· t 10 /27 / 99 psychiatrist contact A _ . — -A `
10/8/99 therapist contact ‘ ‘ 4 A
8/31 /99 interviewed for group_ participation - inmate declined l 1
P 8/ 1 1 /99 completed individual sessions with therapist Crowley V
. 8/10/99 psychiatrist contact A _
· 1 /99 to 8/99 individual therapy with therapist Crowley _
_. F Exhibit- ··A·· A ` _ _ W