Free Response to Motion - District Court of Delaware - Delaware

I Case 1:04-cv—01391-JJF Document 93-3 Filed 12/20/2007 Page 1 of 4 }
. ’ 1
` 4 witcox &i=mEn un. }
In the Matter Of:
Ward t
V.
Taylor, et al.
L C.A. # O4-1391(KAJ)
Transcript of:
Q.
Keith F. Lovett

October 24, 2007 g
Wilcox and Fetzer, Ltd. |
Phone: 302-655-0477
Fax: 302-655-0497
Email: [email protected] Q
’f’ff T Internet: www.wilfet.com

Case 1:04-cv—01391-JJF Document 93-3 Filed 12/20/2007 Page 2 of 4 I Q
Ward v. Taylor, et al. §
` I
i IN THE UNITED STATES DISTRICT COURT- ,
FOR THE DISTRICT OF DELAWARE
E.
1
TIMOTHY WARD, ) 3
) · I
plaintiff, y 1
) Civil Action
‘ v. ) No. 04—l391(KAJ) 1
STANLEY TAYLOR; PAUL HOWARD; ) i
THOMAS CARROLL; JOHN SALAS; ) 1
JESSICA DAVIS—BARTON; CERTAIN- } 1
UNKNOWN INDIVIDUAL EMPLOYEES OF }
l THE STATE OF DELAWARE DEPARTMENT }
OF CORRECTION; and STATE OF }
DELAWARE DEPARTMENT OF ) ,
CORRECTION, ) I
) 1
, Defendants, )
v. . )
> I
FIRST CORRECTIONAL MEDICAL ) I
DELAWARE, LLC, ) ‘
) ,
Third-Party Defendant. ) M
Deposition of KEITH F. LOVETT taken I
pursuant to notice at the law offices of Martin & Q
Wilson, 1508 Pennsylvania Avenue, Wilmington, §
Delaware, beginning at 9:15 a.m., on Wednesday, I
October 24, 2007, before Kurt A. Fetzer, Registered I
Diplomate Reporter and Notary Public. §
E
E
E
WILCOX & FETZER i
1330 King Street — Wilmington, Delaware 19801 I
I ‘ {302) 655-0477 I
Q www.wilfet.com i
Wilcox and Fetzer, Ltd. Registered Professional Reporters 302-655-0477
l
I

E
Case 1 :04-cv-01391-JJ F Docu ment 93-3 Filed 12/20/2007 Page 3 of 4
l
Ward v. Taylor, et a1. I
Keith F. Lovett I
66 68 _» I
1 MS. BALLARD: Objection to the form. 1 Q. Did he have a firstname other than lieutenant? ` I
2 A. As far as you made the statement that Tim 2 A. I don't know.
- 3 considers me a hiend, I'm not a friend to any inmate. 3 Q. VVhat was I·Iarvey’s response to your great I
4 What happened that day was wrong. It 4 concern that you expressed to him immediately after
5 could have been prevented. After that incident 5 this happened?
_ 6 happened, I went to Lieutenant Harvey, told Lieutenant 6 A. He kind of blew it off
7 Harvey "This guy's got some problems. This dude's got 7 Q. Did he aclmowledge that he knew anything about I
8 some maj or fucking problems. He's going to bust 8 Robert Johnson? i
9 loose. Something is going to go down." 9 A. Yes. He probably, he probably had said I
1 0 Q. Excuse me. But telllme, when did you see 1 O something to the fact that he was just, he was just
1 1 Lieutenant Harvey? Right after this happened? 1 1 talking shit and he was, you know, just, just, just I
1 2 A. Right after. When the inmates were brought 1 2 another crazy inmate. I
1 3 back to the building, I went to Lieutenant Harvey and 1 3 Q. How long did you talk with Lieutenant Harvey? I I
1 4 said, "Lieutenant Harvey, this dude's a problem. This 1 4 A. Just for a couple of minutes. The lieutenant I `
1 5 dude is going to go crazy. I don't want to be around 1 5 would be out on the boulevard at the boulevard gate. t
1 6 when it happens." I said, "You better do something," 1 6 I distinctly remember going back and going I
` 1 7 in which case C/O Dunn took Robert Johnson over to the 1 7 back after the inmates were secured in the building
1 8 intirmary. The infnrnary said there was nothing wrong _ 1 8 and told Harvey what had happened. I was more alanned -
1 9 with him; he was HHS. He went back to the building 1 9 at the fact that Robert Johnson was kind of glassy .
2 0 and then did what he did. 2 0 eyed and he kind of was real shitty looking when the I.
2 1 And I don't know if you guys have that on 2 1 incident had taken place in the chow hall. And I
2 2 record, if you even knew that that had happened, but 2 2 didn‘t feel uncomfortable or anything with him in the `
2 3 that was something that I really had planned to keep 2 3 chow hall. I did feel like, you know, he could have I
2 4 to myself but being that I'm here I don't want to 2 4 incited other inmates to misbehave, but fortunately I
n 6 7 6 9 I
1 come off that I'm hiding anything or anything. And as 1 the situation went very smoothly after that. I think
- 2 much as I don't support inmates suing anybody and I 2 that the other inmates kind of laughed at him and the _
3 can't stand fucking inmates, to be honest with you, 3 fact that he was mishehaving and acting the way that I
4 I'm not going to sit here and bullshit through this 4 he was. I think that I showed great restraint in
5 thing. I'm going to tell you the truth. I‘m going to 5 dealing with what he was doing in the chow hall, but
6 tell you exactly what happened no matter who stands to 6 his glassy-eyed look and his look of craziness really I
7 gain the most out of this situation. 7 brought me to want to contact Lieutenant Harvey on the I
B That situation could have been prevented 8 situation.
9 and I'm just going on record as saying that. No 9 I kind of felt like sometimes people don't
1 0 matter what happens here, I want to be honest and I 1 O want to do things, don't want to write incident I-
1 1 want to be truthful to the whole situation and that's 1 1 reports, people don't want to aggressively deal with I
1 2 it because I've been struggling with that situation 1 2 situations as they happen in the form of paperwork,
1 3 for a while. 1 3 removing an inmate or whatever. And I felt like it I
1 4 Q. Well, we all appreciate your candor. We know 1 4 was important that I went to Harvey and let him know I
1 5 it's a difficult situation for you to keep inside and 1 5 that this guy was deiinitely going to be a problem and I
‘ 1 6 appreciate that you can put it out on the table for 1 6 somebody needed to do something.
1 7 us. 1 7 Q. I have a few more questions, but I‘m just going I
1 8 Let me ask some follow-up questions, if I 1 8 to take a moment, if I can. If you need to use the
1 9 may. 1 9 bathroom or get some water, I'll be back in a moment.
2 0 A. Okay. 2 0 Okay? -
2 1 Q. What was Harvey's Hrst name? 2 1 A. Okay. -
2 2 A. Lieutenant. 2 2 (A brief recess was taken.) _
2 3 Q. Male or female? . 2 3 BY MR. MARTIN: I I.
2 4 A, Male. . . 2 4 Q. Going back to what Johnson said to you in chow I Z
18 (Pages 66 to 69.)
Wilcox and Fetzer, Ltd. Registered Professional Reporters 302-655-0477 I
I

l
Case 1 :04-cv-01391-JJ F Docu ment 93-3 Filed 12/20/2007 Page 4 of 4
Ward v. Taylor, et al.
Keith F. Lovett i
l
9 8 1 0 O -
1 we'll deal with it later, as long as he's not acting 1 by the intirmary? I
2 violent, disorderly and threatening. It was brought 2 A. . Yep. Yes.
3 to me, whoever I spoke to, it was like, it was like 3 Q. Whats your understanding of what happened
4 well, if he doesn't stand up, do you know what I mean, 4 there?
5 like he wants to scrap or something, then let him, 5 A. I think that in my opinion he went there for
6 just let him run his mouth and we'll deal with it 6 five, ten minutes, the nurse said he was okay and sent
7 later. 7 him back to the building. I was upset with that
8 Q. And so Lieutenant Harvey was not physically 8 personally because I felt that he needed more type of
9 there at the chow hall, correct'? 9 attention and the way that he was behaving said he i
1 0 A. No. There was another C/O in the chow hall 1 0 needed more type of attention, but the nurse said he
1 1 when that happened, I believe. 1 1 was line.
1 2 Q. Do you loiow who that was? 1 2 I also believe that he was not seen by a
1 3 A. No, I do not. I know I wouldnt run a chow 1 3 psychologist. He was seen by a regular nurse who sent
1 4 hall by myself. 1 4 him back to the building. I took that personal
1 5 Actually, I have rim chow halls by myselil 1 5 because I felt like I was going to have to deal with
1 6 but at that time I think there was somebody in the 1 6 him. I felt like he was a problem and that somebody 1
1 7 chow hall with me. I just don't recall who it was. 1 7 needed to make a decision about him that didn‘t make ·
1 1 8 Q, So the information that Lieutenant Harvey got 1 8 the right decision with him and sent him back to the ` l
1 9 he got hom you by phone, correct? 1 9 building regardless if he did whatever he did i
2 O A. Correct. Or I'm not 100 percent certain that 2 O afterwards. I still felt like he was a problem and,
2 1 it was Harvey that I spoke with on the phone while I 2 1 in fact, I remember talking to Dunn about how much
2 2 was in the chow hall. I know I spoke to Harvey face 2 2 bullshit it was the fact that he got sent to the
2 3 to face after the chow hall when I brought the inmates 2 3 iniirmary and then got sent right back.
2 4 back to the building and went back out and talked to 2 4 Q. You said they didn't make the right decision.
as ici 1
1 Harvey face to face. 1 Do you mean the people at the inhrmary'?
2 Q. Do you know if you spoke with Harvey before or 2 A. Yes.
3 aher Robert Johnson went to the inrirmary? 3 Q. And you earlier said that you thought this
4 A. No. 4 incident could have been prevented.
5 Q. You're not sure? 5 Do you mean if the infirmary had taken
6 A. No, I don't recall talking to him. 6 further action?
i 7 Q. You don't recall talking to Harvey? 7 A. Yes. I think if he would have, if they would
8 A, Yeah. 8 have taken further action when he was in chow hall and
9 Q. I thought you said you spoke to him. 9 removed him out of the chow hall and dealt with him on ·
1 0 A. After, after he went to the iniirmary. 1 O that level, something could have been prevented. I
1 1 Q. So you think you spoke to Harvey before Johnson 1 1 think that the wheels in motion would have prevented,
1 2 went to the iniirrnary? 1 2 at least it may have been somebody else but it
1 3 A. Yes. 1 3 wouldn‘t have been Tim. -
1 4 Q. And I believe you said an Ofhcer Dunn took -- 1 4 Q. What to you mean by it may have been somebody
1 5 A. Took Robert Johnson to the iniirmary and then 1 5 else?
‘ 1 6 probably ten minutes later brought him back. 1 6 A. He might have snapped out at some other time,
1 7 Q. Was that at your request that he took him to 1 7 but it wouldn't have been that time if somebody had i »
1 8 the iniinnary? _ 1 8 done something about the incident that was happening i
1 9 A. I would hope that my input helped in getting 1 9 in the chow hall and all the other things that led up \
` 2 0 him looked at. 2 0 to the incident with Tim. _ 1
2 1 Q. Do you know who told Officer Dunn to take 2 1 Q. So if medical personnel had held him for
2 2 Robert Johnson to the iniirrnary? 2 2 observation, you think this would not have happened at
2 3 A. l'm assuming it was Harvey. 2 3 that time? .
2 4 Q. And are you aware that Robert Johnson was seen 2 4 A. If I‘m allowed to say in my personal opinion, - ·
26 (Pages 98 to 101) .
Wilcox and Fetzer, Ltd. Registered Professional Reporters 302-655-0477