Free Opening Brief in Support - District Court of Delaware - Delaware

Case 1 :04-cv-01243-JJF Document %6-6 Filed 12/19/2005 Page 1 of 3
lncldent# DCC Delaware orrectlonal Center Date: 11/08/2005
1014344 Smyrna Landing Rgad
SMYRNA DE, 19977
Pgone#: §02-653-9261
INCIDENT REPORT _W__ __ 1
Group#: 1% Type: EH Incident Date:08l02/2004 Time: 14:48 Confidential: tg 1
Facilityi DCC Delaware Correctional Center Followup Required if
Incident Location: Bldg.24 Law Library
Location Description: Booth#~‘3 M.H.U. LAW LIBRARY
iolated Conditions: 1.06/200.203 Disorderly or Threatening Behavior
2.01/200.105 Abuse of Privileges
Description of Incident:
On above date and time while I/M Ronald Proctor and six (6) other inmates were in M.H .U. Law Library Ronald Proctor was being
loud and disorderly by yelling across the room to inmates on the other side of the law library. Ronald Proctor had been warned
about this on prior occasions as well as several times during this scheduled appointment time by Paralegal Martin. One of the
other inmates also told inmate Proctor to be quiet and sit down. l paralegal Martin called the building Lieutenant; Lt. Salas to
come and remove inmate Proctor for being disruptive to staff and inmates in the law library. Lt. Salas removed inmate Proctor at
1450 and escorted him back to building #21. Law library appointments end at 1500 hrs.
Injured Persons Hospitalized Nature Of Injuries
IA N/A JA
Evidence Type: Ng Date Collected: _l§l_.@
Discovered By :MA Secured By:l\£
Type of Force Used: [] PHYSICAL [] CHEMICAL [] STUN [] OTHQTI CAPSTUN [ill NCQ;. U C
Restraints Used : N/A E
mmediate Action Taken:
IA
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w amomy, Martin Nm raria 1_ gg 1
onald, Proctor E J 001ss?s0 IA ,
· eporting Officer: Martin Timoth Librarian _ Entered By:Martin Timoth Librarian
r
[E Approved i;lDi8appr0ved Date: OB/05/2004 APPTOVBU DY! Reynolds, Kirk [Shi@ Commander - Large Inst.)
Comments: N/A

Case 1:04-cv-01243-JJF Document 26-6 Filed 12/19/2005 Page 2 of 3
incidgngg DCC Delaware Conectlonal Center Date: ]1/08/2005
Smyrna Landing Road
SNIYRNA DE, 19977
Pgonefi: 302-653-9261
INCIDENT REPORT
Group#:Nij_A Type: lgmate Involved Incident Date: QQ/09/2004 Time: 06:30 Confidential: _l;lg
F¤¤i!ify¢DCC Delaware Correctional Center Followup Required ZNQ H
Associated Disciplinary Report #(s):1011828
Incident Location: Bldg.24 Chow Hall B
Location Description:Occurred in Hallway leading to B Chow Hall.
iolated Conditions: 2.11/200.102 Off Limits
2.06/200.108 Failing to Obey an Order
Description of Incident:
On the above date and time I, Sgt. Faust , William was working as the Rover outside the chow halls. inmate Proctor, Ronald
from MHU 21, C tier wanted me to sign off on two pay to's for legal mail.
l informed him not at this time and I would handle it after chow was done. This was not good enough for him. Once he had the
two items that need -ed to be sign off he went over to 24 control flap and place the items inside for the pod officer to do. I again
removed the two letters and handed them back and told inmate Proctor that this was chow time and this matter would be handle
after chow by me.
l ordered him to B Chow hail and he disregarded my order and walked into A Chow Hall to speak to the Lt. Barlow about his legal
mail and the pay to's that needed to be signed off. Lt. Barlow told him this was not the time and that Sgt. Faust would handle
this situation after chow.
Briefly after entering B Chow Hall inmate Procter walked out to complain to the Lt. Barlow. I called building number 21 to have
officer come up and return inmate Proctor to his cell.
Note: Inmate Proctor was given a feed in tray as per policy and his pay to's were taken care of by me after chow.
Inmate Proctor was notified he had a 24 hour L.O.A. P. for his above actions.
Injured Persons Hospitalized Nature Of Injuries
MA lll we A
Evidence Type: g Date Collected: [gig
Discovered By :& Secured By:N/_/5
Type of Force Used: [] PHYSICAL [] CHEMICAL [] STUN [] OTHER [] CAPSTUN [X] NONE
Restraints Used : N/A
mmedlate Action Taken:
1) Ir and Dr reports were completed, 2) MHU area Lt. was notified of write up, 3) Inmate was also advised of 24 hour L.O.A.P bj
e.
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taff iliiam, Faust G Jr N/A orrectional Office gg
onald, Proctor E J 00163750 N/A MM
‘ eporting Officer: Faust, William G JriCo Corporal/Sgt. — Large Entered By: Faust, William G Jr(Co Corporal/Sgt. - Large
inst.) Inst.) g
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E Approved [iillisapproved Date: 08/1 1/2004 APPf¤V¤d by? Scarborough, James (Shift Commander- Large inst.)
Comments: N/A

Case 1:04-cv-01243-JJF Document 26-6 Filed 12/19/2005 Page 3 of 3
lncident# DCC Delaware Correctional Center Date: 11/08/2005
w Smyrna Landing Road
SMYRNA DE, 19977
Phone#: 302-653-9261
INCIDENT REPOR
ereuprram Type: ln‘ma5g` Involved ` ` l}1e`idé‘i¤t*D=ité: Time: -112:27 confidential: ye
FBCIIIYYS DCC Delaware Correctional Center Followup Required :_|y_g A
Associated Disciplinary Report #(s):1011958
Incident Location: Bldg.21 B Tier
Location Descriptionzslider to B tier in bldg 24
iolated Conditions: 2.Q§/299.195 Failing to Obey an Order
2.11/200.102 Off Limits
Description of Incident:
On August 13, 2004 at approximately 1127 hours C wing in building 21 was returning from chow. At that time I CIO Wood,
James obsenred I/M Proctor, Ronald sbi#163750 walk around to B tier in the opposite direction of his tier. At that time EIM
Proctor stopped at B tier and was holding a conversation with several inmates on B tier that were staged for chow. IIM Proctor
knows that this is in violation of MHU housing rules. IIM Proctor was infonned that he is on a 24 LOAP. EOR
Injured Persons _ Hospitalized-- INa_ti.Ire Of Injuries `
IA NIA IA
Evidence Type; w DBEB Collected: Q
Discovered By :& Secured Byzhjg
Type of Force Used: [] PHYSICAL [] CHEMICAL [] STUN [] OTHER [] CAPSTUN [X] NONE
Restraints Used : NIA 2
mmediate Action Taken: 2
IM Locked in and informed he is on 24LOAP
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taff ames, Wood C N/A orre l flicer gy
onald, Proctor E J 00163750 é IA MJ
‘ eporting Officer: wggg, games C {Correctional Officer) Entered Byzvvood, James C (Correctional Ofticer) __!
- f:EI2 E; feéeée 2 222; E E 2 2 2 IIII {ZE--I 2 2- I -=II II 1 i" 2- 2- xr
IE App,-wad mnigappmvgd Da|;e;O8/19/2004 Approved by: Beianger, Josegh (Shift Commander - Large Inst.}
Comments: I/M Ronald Proctor received a 24—LOAP as a result of this infraction.