Free Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv-00175-JJF Document 80 Filed 07/15/2005 Page 1 of 2
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July 15, 2005
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The Honorable Kent A. Jordan
United States District Court
844 King Street
Lock Box 10
Wilmington, DE 19801
Re: Joseph L. Curry v. Dover Police Department and Gregory Hopkins
Our File No.: 19180-01660
C.A. No.: 04-175-KAJ
DOL: 01/13/04
Dear Judge Jordan;
Please accept this correspondence on behalf of Defendant, Officer Gregory Hopkins of the City of
Dover Police Department in response to Plaintiffs Submission filed July 5, 2005 entitled, "Sanctions Tort" It is
apparent from the submission that Mr. Curry is again challenging the sufficiency of Defendant's discovery
responses. However, Mr. Curry does not demonstrate how the discovery responses are deficient. To the
contrary, Defendant's June 8, 2005 correspondence to the Court (docket entry 76) outlined this case's discovery
history, referencing the substance of defendant's original and supplemental discovery responses to Mr. Curry.
In short, Mr. Curry has received responsive answers to his interrogatory questions, every document in the City
of Dover Police Department's file concerning Mr. Curry's arrest and the records concerning the arrest of a
Reginald Jenkins which Mr. Curry first requested four days prior to when they were provided.
While Mr. Curry appears to suggest that defendant has been "dilatory" with respect to discovery, thereby
impeding the timely prosecution of plaintiffs claim, the record reflects that the opposite is true. Mr. Curry has
filed no fewer than 9 separate motions (docket entries 1, 11, 32, 37, 38, 50, 53, 71 and 79), only one of which
(the Motion to Proceed in Forma Pauperis) was granted. He has filed two applications for court-appointed
counsel on the basis that he has been denied access to the prison's law library, a position which was rebutted by
Deputy Attorney General Aaron R. Goldstein, Esquire in a letter dated May 10, 2005 (docket entry no. 65)
outlining Mr. Curry's exhaustive visits to the law library. At the inception of Mr. Curry's May 4, 2005
deposition at the prison, Mr. Curry declined to have his deposition taken, arguing that he was entitled to the
appointment of counsel (or the resolution of his Motion) before the deposition could proceed. An impromptu

Case 1:04-cv-00175-JJF Document 80 Filed 07/15/2005 Page 2 of 2
Hon. Kent A. Jordan
July 15, 2005
Page 2
teleconference with the court, at which time Mr. Curry was directed to answer the deposition questions, was
necessary.
Defendant is prepared to proceed in accordance with the November 28, 2004 Scheduling Order (docket
entry 47). Under the circumstances set forth above, it is respectfully requested that Mr. Curry's "Sanctions
Tort," to the extent that it is considered an application for sanctions, be denied.
mitt€d, ._..
Daniel A. Griff
DAG:jvm
cc: Jeff Frock, St. Paul Travelers,
Claim No. GP093 l 1302-l9B002
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Case 1:04-cv-00175-JJF

Document 80

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Case 1:04-cv-00175-JJF

Document 80

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