Free Opening Brief in Support - District Court of Delaware - Delaware

L Case 1 :04-cv-00329-SLR Document 22-2 Filed 09/12/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ERNEST CRUMP, JR. )
Plaintiff, g
v. g C.A. No. 04-329-SLR
ROBERT MAY, THOMAS RYGIL, g
VINCE BIANCA, and STAN TAYLOR, )
Defendants. g
AFFIDAVIT OF STAFF LIEUTENANT ROBERT MAY
I, Staff Lieutenant Robert May, having been duly sworn according to law do
hereby depose and state the following:
1. I make this Affidavit based upon my personal knowledge.
2. I am an employee ofthe Delaware Department of Correction ("DOC").
Currently, I am assigned to the Central Violation of Probation Center in Smyrna,
Delaware.
3. On August 29, 2002, I was assigned to the Morris Community
Correctional Center ("MCCC"), a Level IV facility in Dover, Delaware.
4. On or about December 12, 2001, Plaintiff Ernest Crump, Jr. ("Crump”)
was paroled to MCCC. See Crump’s Conditions of Level IV Parole Supervision attached
hereto as Exhibit l. At that time, by his signature on his Conditions of Parole
Supervision, Crump acknowledged and agreed to abide by the facility rules and
regulations set foith in MCCC’s Orientation Manual, which is attached hereto as Exhibit
2.

Case 1 :04—cv—00329-SLR Document 22-2 Filed 09/12/2005 Page 2 of 3
5. In addition, on March 15, 2002, Crump signed the MCCC Resident
Signature Form indicating that he had received a copy of the Orientation Manual, had
MCCC’s rules and procedures explained to him, and agreed to abide by them. See
MCCC Resident Signature Fonn attached hereto as Exhibit 3.
6. MCCC’s Orientation Manual provides that inmates are permitted to have
reasonable quantities of clothing, cosmetics and personal items. The Orientation Manual
further states that, if an inmate is placed on escape status, MCCC is not responsible for
the inmate’s personal belongings. Any items left at MCCC and not recovered may be
donated to charity. If` an inmate is returned to a higher security facility, MCCC is not
responsible for any lost or stolen property. In the event that the imnate returns or is
apprehended, that inmate’s property is retained for seven days so that the inmate CEII1 have
someone pick up the property. If the property is not retrieved within seven days, the
property may be donated to charity. Exhibit 2.
7. If an inmate is apprehended and then assigned to a Level V facility, the
inmate is not permitted to bring his personal property with him to the receiving Level V
facility. This procedure, which is designed to prevent an inmate from bringing drugs,
weapons and other contraband into the facility, ensures the safety and security of the
facility, DOC staff and other inmates.
8. On August 29, 2002, I was working as the Shift Commander at MCCC,
when I was called to respond to an offender escape. At that time, I assumed the duties of
l Escapee Recovery Team Leader. I was advised that, at approximately 5:26 p.m., Crump
left the grounds of MCCC, without permission, and was placed on escape status.
9. An administrative warrant was issued for Crump’s arrest, and upon his

A Case 1 :04-cv—00329-SLB_ _ Document 22-2 Filed 09/12/2005 Page 3 of 3
apprehension, he was returned to a Level V ihcility. See Administrative Warrant attached
hereto as Exhibit 4.
10. As indicated by his signature on Exhibits 1 and 3, Crump was aware of
MCCC‘s personal property policies. In fact, he took advantage of that policy on
September 5, 2002 when he prepared and signed a written document authorizing a friend
_t¤ pick up his pay check iiem MCCC. See Authorization attached hereto as Exhibit S.
Crump did not list his Quran cr his icuii in that written, signed authorization.
_.·?‘i.;' F I inn. Etinhal
_.~‘ -§.'7 _.:II·r· ¤., Eg., 5*. E;.
T :?f'E:: I;
stanttautenm ba-t May Q; -_;. s` Q
1 _:; ·_;g-ii: Ani-; FS.-é
SWORN TO AND SUBSCRIBED bethre me this ld ik day I" *55 .
0f.-§,éZ¢=b¢r_·¢‘~ 200$· "'*·~-...t. ..,?}··*"p°"

Case 1:04-cv-00329-SLR

Document 22-2

Filed 09/12/2005

Page 1 of 3

Case 1:04-cv-00329-SLR

Document 22-2

Filed 09/12/2005

Page 2 of 3

Case 1:04-cv-00329-SLR

Document 22-2

Filed 09/12/2005

Page 3 of 3