Delaware Justice Department Asks Court to Dismiss Inmate's Lawsu - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Delaware Justice Department Asks Court to Dismiss Inmate's Lawsuit

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The James T. Vaughn Correctional Center near Smyrna, Del. (Photo: WBOC) The James T. Vaughn Correctional Center near Smyrna, Del. (Photo: WBOC)

DOVER, Del. -- A motion has been filed by a deputy attorney general in Delaware to dismiss a federal lawsuit filed by an inmate at the Vaughn Correctional Center near Smyrna that was tied to the aftermath of the February hostage situation at the facility, in which a correctional officer died.

Deputy Attorney General Joseph Handlon, representing Acting Vaughn Warden Phil Parker, argued in the motion that inmate Donald Parkell failed to adequately demonstrate civil rights violations and irreparable harm in a February lawsuit and noted the Feb. 1 incident was already under intense scrutiny through a criminal investigation and susbequent review scheduled to be completed by two retired judges.

Handlon also said the relief sought by Parkell in his suit was "extremely broad and vague."

Parkell's lawsuit was filed after the hostage situation, which saw the death of Lt. Steven Floyd. In it, he claimed inmates were mistreated and harmed after law enforcement stormed Building C. 

Additionally, Parkell said there were a number of civil rights violations following the prison uprising, claiming inmates were denied various medical and mental treatments and inmates' property was destroyed by prison staff.

The Delaware Department of Correction declined to comment on the litigation and an agency spokeswoman said former Vaughn Warden David Pierce, who was among a number of defendants named by Parkell, would not comment on the motion either.

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