Free Response to Discovery - District Court of Delaware - Delaware

Case 1:04-cv-00954-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) THOMAS CARROLL, CARL HAZZARD, ) BERNARD WILLIAMS, DEPARTMENT ) OF CORRECTIONS, and ANTHONY ) J. RENDINA, ) ) Defendants. ) JESSE H. NICHOLSON, JR.,

C.A. No. 04-954-SLR

DEFENDANTS' RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant to Federal Rules of Civil Procedure, Rule 34, and in accordance with Rule 26 (b) (1), the Defendants respond to Plaintiff's Requests for the Production of Documents as follows: 1. Copy of DCC's Correction Code of Penal Discipline (excluding appendix

"A" of the Code). RESPONSE: See relevant copy of the Delaware Correction Center's Code of Penal discipline previously provided to Plaintiff. 2. Copies of all DCC's Segregation and Administrative Transfer regulations.

RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this

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objection, Plaintiff has been provided a copy of the Inmate Reference Manual concerning the transfer of inmates for disciplinary reasons.

3.

Copies of all the Department's policies and regulations regarding inmate

job suspensions and terminations. RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction policies, and administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this objection, Plaintiff has been provided a copy of the Inmate Reference Manual concerning inmate employment.

4.

Copy of DCC's classification policies and regulations.

RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction policies, and administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this objection, Plaintiff has been provided a copy of the Inmate Reference Manual concerning inmate classification.

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5.

Copies of all records relating to disciplinary reports #1010825, 1009075

and 1009266 (inclusive of the disciplinary appeals and appeal decisions). RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction policies, and administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Without waiving this objection, Plaintiff has been provided relevant copies of the incident and disciplinary reports and records related to the time period alleged in the complaint.

6.

Copies of all reports of investigations, findings of fact, observation of

facts or circumstances, or any other matter relating to any aspect of this litigation. RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction policies, and administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, Plaintiff has been provided relevant copies of the incident and disciplinary reports and records related to the time period alleged in the complaint.

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7.

Copies of any and all writings identified or referred to in your answers to

plaintiff's interrogatories served simultaneously herewith. RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction policies, and administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, Plaintiff has been provided relevant copies of the incident and disciplinary reports and records related to the time period alleged in the complaint.

8.

Copies of any reports by any person qualifying as an expert containing

opinions and/or facts on which opinions are based concerning any aspect of this litigation. RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, Defendants do not have expert reports. Defendants reserve the right to supplement this answer, if necessary.

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9. trial.

Copies of any and all writings which you intend to rely upon in any way at

RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction policies, and administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, Plaintiff has been provided relevant copies of the incident and disciplinary reports and records related to the time period alleged in the complaint.

10.

Copies of an and all writing you intend to employ in any fashion during

the course of this litigation, including, but not limited to, those writings which will be used to aid, direct and/or cross-examination of any witness during deposition and/or at trial. RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction policies, and administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected

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from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, Plaintiff has been provided relevant copies of the incident and disciplinary reports and records related to the time period alleged in the complaint.

11.

Copies of all statements by plaintiff, defendants, and any other person or

witness relating to any aspect of this litigation. RESPONSE: Objection to the extent this request is overly broad and unduly burdensome, and does not seek information relevant to this action or likely to lead to the discovery of relevant information. Further objection to the extent that Department of Correction policies, and administrative regulations are protected from disclosure to inmate pursuant to state law, 11 Del. C. § 4322 and as recognized by federal law. Moreover, objection to the extent the request seeks documents or information protected from disclosure by the attorney-client privilege and/or attorney work product. Without waiving this objection, Plaintiff has been provided relevant copies of the incident and disciplinary reports and records related to the time period alleged in the complaint.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/Ophelia M. Waters Ophelia M. Waters, I.D. 3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 [email protected] Counsel for Defendants

Dated: April 1, 2005