Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1 :04-cv-00921-SLR Document 149 Filed O9/O2/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT ’
FOR THE DISTRICT OF DELAWARE
VURNIS L. GILLIS, ) _
)‘ CIVIL ACTION
Plaintiff, )
)
v. )
) Civil Action No. O4-921 (SLR)
STAN TAYLOR et al., )
) .
Defendants. )
)
PLAIN TIFF’S MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF
IMPROPER ADMINISTRATION OF FORCED PSYCHOTROPIC MEDICATIONS
Plaintiff hereby moves this Court to grant Summary Judgment in favor of Plaintiff that
Defendants improperly and forcibly administered psychotropic medications to Plaintiff against
his will and without proper medical evaluation of his condition. Despite repeated requests,
Defendants have not produced any documentation to support its forced administration of these
medications.
Defendants have the obligation to maintain Plaintiffs medical records according to
State’s record retention policy and the National Commission on Correctional Health Care
(NCCHC) standards.
Defendants have the duty to ascertain that State’s prison medical service providers are in
compliance with State’s policy retention policy and the NCCHC standards.
If the policy and standards were followed, Plaintiffs medical records for the period of
1987 to 1995 should have been in State’s possession. But they are lost, a clear violation ofthe
policy and the standards.

Case 1:04-cv-00921-SLR Document 149 Filed O9/O2/2008 Page 2 of 3
The earliest evidence Defendants relied on is more than three years after the continuous
administration of psychotropic medications started 1996 as proven by the existing medical
records and twelve years before the 1987 medications.
The fact the Defendants lost the critical medical records is highly prejudicial to Plaintiff
and harmful to the administration of justice. Defendants cannot be permitted to hide behind and
benefit from their negligence.
The improper administration of forced psychotropic medications violated Plaintiffs
rights under the 8th and 14th Amendments. This activity warrants judgment that Plaintiff s civil
rights were violated under 42 U.S.C. § 1983.
Therefore, Plaintiff respectfully requests that this Court grant Plaintiffs Motion for
Summary Judgment in his favor and find that Defendants’ improper administration of forced
psychotropic medications constitutes a violation of Plaintiffs civil rights under 42 U.S.C. §l983.
Respectfully submitted,
CONNOLLY BOVE LODGE & HUTZ LLP
/s/ Zhun Lu
The Nemours Building
1007 N. Orange Street
P. O. Box 2207
Wilmington, DE 19899
(302) 888-6207
[email protected]
Attorney for Plaintiff
Dated: September 2, 2008

Case 1:04-cv-00921-SLR Document 149 Filed O9/O2/2008 Page 3 of 3
CERTIFICATE OF SERVICE
I, Zhun Lu, hereby certify that on the 2"d day of September, 2008, a true copy of the
foregoing document was electronically filed with the Clerk of the Court using CM/ECE which
will send notification of such filing to the following and the document is available for viewing
and downloading from CM/ECE:
Erica Y. Tross, Esquire
State of Delaware
Department of Justice
Carvel State Building
820 N. French Street
Wilmington, Delaware 19801
/s/ Zhun Lu
Zhun Lu, Esquire (#4427)
Connolly Bove Lodge & Hutz LLP
The Nemours Building
1007 North Orange Street
P.O. Box 2207
Wilmington, Delaware 19899
Telephone: (302) 884-6262
Fax: (302) 658-5614
Attorney for Plaintiff
Email: [email protected]