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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

WILLIAM A. NEWSOM and KHALID HORNE, Plaintiffs, v.

JOSEPH R. BIDEN, III, et al., Defendants.

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C.A. No. 5247-VCS

MEMORANDUM OPINION

Date Submitted: December 1, 2010
Date Decided: February 28, 2011

William A. Newsom and Khalid Horne, Smyrna, Delaware, Pro Se Plaintiffs. Kevin R. Slattery, Esquire, Deputy Attorney General, Delaware Department of Justice, Wilmington, Delaware, Attorney for Defendants.

STRINE, Vice Chancellor.

I. Introduction This opinion addresses two motions to compel filed by the plaintiffs, William A. Newsom and Khalid Horne, in July and October 2010. On December 31, 2009, the plaintiffs jointly filed a pro se complaint and motion to proceed in forma pauperis. The plaintiffs' complaint alleges, among other things, that Jessica Barton, a correctional counselor at the James T. Vaughn correctional facility in Smyrna, Delaware, falsified documents and made false statements to a Multi-Disciplinary Team ("MDT") at the Department of Correction (the "DOC"), a DOC body apparently charged with making recommendations regarding commutation of inmate sentences. Specifically, in Newsom's case, Barton allegedly filed a write-up from a prior incarceration of Newsom but made it appear like it was current to the MDT at a hearing on Newsom's commutation request. 1 Barton also allegedly made intentionally false statements about Newsom's ability to rehabilitate himself in her report to the MDT for the same hearing and then altered the computer recording of the MDT's votes from three to one in favor of commutation, to two in favor of and two against commutation.2 In retaliation for his filing of grievances with the DOC, Newsom was allegedly intimidated by four of Barton's subordinates. Newsom further alleges that Barton took retaliatory measures against him, including the filing of a false report stating that she felt threatened

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Compl.

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