Free Answering Brief in Opposition - District Court of Delaware - Delaware


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Date: September 23, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-00328-SLR Document 31-2 Filed 09/22/2005 Page 1·of 1
STATE OF DELAWARE
_ DEPARTMENT OF CORRECTION
DELAWARE CORRECTIONAL CENTER
OFFICE OF THE INMATE GRIEVANCE CHAIRPERSON
· · [ / ··· 1181 Paddock Road
Elk Bl A SMYRNA, DELAWARE 19977 W
. I I
MEMORANDUM 0
I To: Inmate Crump, Ernest W ;
. 1
From: Cpl. L. M. Merson, Inmate Grievance Chairperson ` )
) Date: Tuesday, October 28, 2003
__ RE: Grievance
The grievance submitted by you Dated: 10/10/O3 is being returned to you for the following reasonlsl: »
_ The complaint was addressed by the IGC:
_X_ Security issue (involves the security and/or staffing of the Institution and/or the safety, health, and/or
welfare of inmates, staff, and the public.
Classification issues (security classification, jobs, transfers, programs, housing unit assignment).
Classification has its own appeal process. The inmate must write to the DCC Classification Office
within 7 days after the inmate receives the Classification decision. The letter must state that the
inmate is appealing the classification and clearly indicate the reasons the inmate disagrees with the
classification decision.
Disciplinary issue: Disciplinary actions cannot be grieved but must be APPEALED following the
Correctional Code of Penal Discipline.
Parole Board Decision: The inmate must write a letter to the Parole Board within 30 days of the
Board's decision, expressing the desire to appeal the decision and listing the reasons. The Parole
Board's address is: Board of Parole; Carvel State Office Bldg.; 820 N. French Street, 5‘“ Floor;
Wilmington, DE 19801.
_X_ Inmates cannot request or demand disciplinary action on staff. lf you have a complaint regarding
staff, WRITE A LETTER to that person's supervisor; in this case, that is: S/lt Fuller
This is an issue/complaint that has already been grieved by you or another inmate.
Grievance is unacceptable because it has passed the seven day time frame allotted to file a grievance.
The grievance is a photocopy, carbon copy, written in pencil, red ink or is illegible.
Original grievance forms only and they must be written in Black or Dark Blue Ink.
This complaint is addressed in the housing rules for your housing unit, Refer to the Housing Rules,
page , for clarification and/or direction.
_X_ Action Request is Inappropriate or not completed. Inmate must make an actual request; such as,
request that an investigation be conducted (inmates are not forwarded results of investigations that
involve staff conduct).
Documentation must be attached to the grievance when it is resubmitted that supports
allegations/complaint; such as commissary receipts, Form 537, etc. The IGC will make copies of items
submitted with the grievance and return the originals to the inmate.
Othvrr J/lf A//AA
cc; inmate
Original: file

Case 1:04-cv-00328-SLR

Document 31-2

Filed 09/22/2005

Page 1 of 1