Free Appendix - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

CORPORAL B. KURT PRICE; CORPORAL WAYNE WARREN; and SERGEANT CHRISTOPHER D. FORAKER, Plaintiffs, v. COLONEL L. AARON CHAFFINCH, individually and in his official capacity as the Superintendent, Delaware State Police; LIEUTENANT COLONEL THOMAS F. MACLEISH, individually and in his official capacity as the Deputy Superintendent, Delaware State Police; DAVID B. MITCHELL, in his official capacity as Secretary of the Department of Safety and Homeland Security, State of Delaware; and DIVISION OF STATE POLICE, DEPARTMENT OF SAFETY AND HOMELAND SECURITY, STATE OF DELAWARE, Defendants.

: : : : : : : : : : : : : : : : : : : : : : : : : :

C.A.No.04-956-GMS

Jury Trial Demanded

FIRST AMENDED COMPLAINT1 1. This is a civil action for compensatory and punitive

damages and injunctive relief for retaliatory violations of the

Pursuant to Fed.R.Civ.P. 15(a), having obtained the "written consent of the adverse party" as contained in the contemporaneously filed Stipulation, plaintiffs hereby amend their Complaint. A claim for First Amendment Petition Clause retaliation has been added at Count II and ¶¶ 96-98. There are no other changes. -1-

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free speech clause of the First Amendment of the United States Constitution. Plaintiffs exercised their First Amendment rights

by: (1) reporting to defendants that the health and safety of Delaware State Troopers and others were being endangered by hazardous conditions at the Delaware State Police's Firearms Training Unit ("FTU"); and (2) speaking to the Delaware State Auditor's Office about health hazards, safety concerns and other problems at the FTU, as well as the root causes of those dangerous conditions. Defendants retaliated against plaintiffs

for their protected activities, materially changed the conditions of their employment and have made concerted retaliatory efforts to create pretextual reasons to terminate their employment. I. 2. JURISDICTION

The jurisdiction of this Court is invoked pursuant to 28

U.S.C. §§ 1331 and 1343(a)(3) and (4), 28 U.S.C. §§ 2201 and 2202, and the Fourteenth Amendment to the United States Constitution. The cause of action arises under 42 U.S.C. § 1983.

The claims arose in this judicial district. II. 3. THE PARTIES

Plaintiff Corporal B. Kurt Price is a citizen of the He is a

United States and a resident of Kent County, Delaware.

19 year veteran of the Delaware State Police ("DSP") assigned to the FTU as a firearms instructor. At all times material hereto,

his job performance has been outstanding. -2-

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4.

Plaintiff Corporal Wayne Warren is a citizen of the He is a

United States and a resident of Sussex County, Delaware.

21 year veteran of the DSP assigned to the FTU as a firearms instructor. At all times material hereto, his job performance

has been outstanding. 5. Plaintiff Sergeant Christopher D. Foraker is a citizen

of the United States and a resident of New Castle County, Delaware. He is a 19 year veteran of the DSP and is currently a

section chief and the non-commissioned officer in charge ("NCOIC") of the FTU. At all times material hereto, his job

performance has been outstanding. 6. Defendant Colonel L. Aaron Chaffinch is currently the He is

Superintendent of the DSP and its highest ranking officer. sued individually and in his official capacity. Since his

appointment in October of 2001 he has been a serial violator of the constitutional rights of the Troopers under his command. For

example, two federal juries have returned verdicts against him in favor of three separate troopers because of his civil rights abuses. 7. Defendant Lieutenant Colonel Thomas F. MacLeish is

currently the Deputy Superintendent of the DSP and its secondhighest ranking officer. official capacity. 8. Defendant David B. Mitchell is currently Secretary of He is sued individually and in his

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the Department of Safety and Homeland Security of the State of Delaware and he is the superior to Chaffinch and MacLeish in the chain of command. He is sued in his official capacity to obtain

injunctive relief which will prohibit Chaffinch and MacLeish from continuing to violate the constitutional rights of plaintiffs. 9. Defendant Division of State Police, Department of Safety

and Homeland Security, State of Delaware ("State Police" or "DSP") is an agency of the State of Delaware, which is only joined in this action for purposes of collecting attorneys' fees and costs. III. FACTS GIVING RISE TO THE ACTION A. 10. History of the FTU

The FTU was built and eventually opened in September of At the

1998 at a cost of approximately $3.3 million dollars.

time, it was touted as a state of the art firearms facility. Until its closure, it was used annually by approximately 2,000 police officers from the DSP and other local agencies, as well as by agents from the FBI, DEA and other federal agencies. 11. However, due to intentional wrongdoing by those

responsible for its construction in the Department of Administrative Services of the State of Delaware and its Division of Facilities Management ("Facilities Management"), the FTU was knowingly and purposefully improperly and dangerously constructed without proper consideration for the health and welfare of the

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