Free Affidavit - District Court of Delaware - Delaware

Case 1 :04-cv-00954-SLR Document 56 Filed 07/13/2005 Page 1 of 3 I
IN THE ’{}"N{'I`E}} STATES DISTRICT COURT
FOR Tl-IE DISTRICT OF DELAWARE
JESSE H. NICHOLSON, ZR., . )
. )
Plaintiff, )
)
v. ) CA. No. 04-954-SLR
) .
THOMAS CARROLL, CARL , )
BERNARD WILLIAMS, DEPARTLGENT )
OF CORRECTIONS, ANTHONY )
J. RENDINA, DEPUTY `WARDEN DAVID)
PIERCE, M. SCOTT, EVELYN )
STEVENSON, J CHN/JANE DOE #1, and )
J Oi-TN/JANE DOE #2, ]
Defendants. )
é§@A§;‘§’I` OF EQELXQ g, §]j§VENSON
-EVEL"1/“N J. STEVENSON, having been duiy sworn, deposes and states as follows:
l. I am ourrerxtiy employed by the State of Delaware Department of Corrections as
an inmate Classification Oflicer H. My zeeponsiiwilities include the examination
and evaluation of individuai inrrnete cases, determining eligibility for certain
programs and housing assignments, reviewing institutional behavior, reviewing
program participation and cheiriog the Institutional Based Classiication
Committee.
2. I have been employed by the Department of Corrections for 20 years. I was e
Correctional Omtltf during the period of 1935 to 1990. I was a Correctional
Counselor during the period of 1990 to 2001. I was promoted to Inmate
Classmcetion Oiiloer II in October 2001.

Case 1 :04-cv-00954-SLR Document 56 Filed 07/13/2005 Page 2 of 3
3. My review of Iztmate Eesse Nichclsozfs file and other recoeds show that oo
Apri12B, 2004, he was administratixrely trmsferred to Isolation based on a
confrontation that he had with Hearing Officer Staff Lieutenant Bernard
Wiiliams. On April 29, 2004, inmate Nicholson was reviewed by the
Multi Disciplinary team consisting of Senior Correctional Counselor
Marilyn Carson-Scott and Staff Lieutenant David Pierce (Deputy
Worden). The three pages of documents previously attached to the record
titled “Delawaz·e Department of Correction Reclassitication Forms 955,
957 and 908,** pertain to Inmate Jesse Nicholson. I can attest that
Counseier Scott writing appears on all three forms with her signatme and I I
date on form 957. These documents are accurate photocopies ofthe
original, which are reguiar business records of the Depsrtment of
Correction which regulsriy creates end maintains such rwozds.
4. The IBCC members on May 6, 2004 that reviewed Jesse
Nichoisorfs classification were myself; Lieutenaztt John Endres and
Correctional Counselor Stacey Hollis. Form 903, the decision page shows
that the IBCC approved the MDT’s recommendation for Maximum ‘
security, Si-IU piacement based on the April 28, 2004 confrontation that
Inmate Nicholson had with Hearing Ofiicer Staff Lieutenant Bernie
Willimns.
5. Records show that on May 17, 2005, inmate Nicholson was transferred to
MAX/'SHU. He was essigied a Queiity of Life Level and instructed on
what he was expected to do in terms of programming and behavior. His

_ _ Case 1 :04-cv—00954—SLR Document 56 Filed 07/13/2005 Page 3 of 3
sigzsturc appears on the document.
6. The documcms attached to this afhdavit arc tmc, accurate and complete
photocopies of the original DCC classiihsiion records pertaining to
Inmate Nicholson. ‘
I4; 4 _{i‘-in l
a 1yn 1.
ACKNO\K’LEDGE§, *-‘·**- ORN TO A • ` UBSCREEB before mc
this {B day of Iuly, 2005.
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um mbxic , ` 1 1
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