Free Motion for Sanctions - District Court of Delaware - Delaware

Case 1 :04-cv—00956-GIVIS Document 197 Filed 06/19/2006 Page 1 of 2
A i VIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CORPORAL B. KURT PRICE, etal., A :
Plaintiffs,
v. C.A.N0.04~956—GMS A
V COLONEL L. AARON CHAFFINCH, et al.,
Defendants. W
PLAINTIFF FORAKER’S MOTION TO FIND DEFENDANTS IN CIVIL CONTEMPT
FOR VIOLATING THIS COURT’S STIPULATED ORDER OF NOVEMBER 20, 2003
1. As noticed previously in the Pretrial Order and previous Summary Judgment
Briefing, plaintiff Foraker now Moves that this Court find defendants in civil contempt of this
I Court’s Stipulated Order dated November 20, 2003 and fashion an appropriate Order to
compensate Foraker for any injury that he has suffered as a result of the civil contempt and
coerce defendants into obeying the Order in the future. 1
2. Such Order should have the following components:
A. Enter an order requiring defendants to pay Sgt. Foraker for the emotional ‘
distress and economic loss he suffered as a result of their contempt.
B. Enter an order for attorney’s fees and costs.
C. Refer this matter to the U.S. Attorney General’s office to determine if a
criminal contempt has taken place.
ID. Issue a mandatory injunction directing defendant Mitchell and his
successors as Secretary of the Department of Safety and Homeland Security to act as a monitor
of defendant Chaffinch and MacLeisch, or any future Colonels, to prohibit any retaliation or
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Case 1 :04-cv—00956-GIVIS Document 197 Filed 06/19/2006 Page 2 of 2
harassment of F oraker by overseeing and approving any action or statements made by defendants
Chaffinch and MacLeisch concerning Eoraker upon penalty of finding Mitchell and/or his
successors in contempt of this Court. Such injunction is to run for so long as Foraker remains
with the Delaware State Police.
E. Enter an order enj oining the defendants from retaliating against Foraker
now or in the future.
F. Enter an order indicating that defendants will be fined for any future
noncompliance, identifying an amount for each violation.
3. Briefing in support of this motion will proceed in accord with the briefing
schedule set by the Court in its Order dated June 5, 2006. (D.I. 185).
Respectfully Submitted,
MARTIN D. HAVERLY, ATTORNEY AT LAW
/s/ Martin D. Haverly
MARTIN D. HAVERLY, ESQ. (#3295)
Two East Seventh Street, Suite 201
Wilmington, DE 19801
(302) 654-2255
[email protected]
Attorney for Plaintiff
Date: June 19, 2006
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