Free Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00239-JJF

Document 62

Filed 04/14/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RICHARD E. CLARK, JR., ) ) Plaintiff, ) ) v. ) ) WARDEN RAPHAEL WILLIAMS, et al., ) ) Defendants. )

Civil Action No. 07-239-JJF Jury Trial Requested

STATE DEFENDANTS' JOINDER IN OPPOSITION OF DR. BINNION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION [RE: D.I. 59, 61] COMES NOW, State Defendants Raphael Williams, Patrick Sheets and Jim Welch (the "State Defendants"), by and through the undersigned counsel, and hereby join in the Opposition of Dr. Binnion to Plaintiff's Motion for Preliminary Injunction (D.I. 59) and incorporate herein by reference the facts as stated by Defendant Dr. Binnion as it relates to the medical care the Plaintiff is receiving. In light of the fact that Clark has received and will continue to receive adequate medical care, State Defendants contend that Clark is unlikely to succeed on the merits of his claims and cannot show that he will suffer irreparable injury if his Motion is denied. Therefore, the extraordinary remedy of injunctive relief is inappropriate and should be denied by this Court.

Case 1:07-cv-00239-JJF

Document 62

Filed 04/14/2008

Page 2 of 3

WHEREFORE, State Defendants respectfully request that this Honorable Court deny Plaintiff's Motion for Preliminary Injunction (D.I. 59).

DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for the State Defendants Dated: April 14, 2008

Case 1:07-cv-00239-JJF

Document 62

Filed 04/14/2008

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on April 14, 2008, I caused a true and correct copy of the attached State Defendants' Joinder in Opposition of Dr. Binnion to Plaintiff's Motion for Preliminary Injunction [Re: D.I. 59, 61] to be served on the following individuals in the form and manner indicated: Via First Class Mail Inmate Richard E. Clark Jr. SBI # 477726 Howard R. Young Correctional Institution P.O. Box 9279 Wilmington, DE 19809 Via Electronic Delivery James E. Drnec, Esquire Balick & Balick 711 King St. Wilmington, DE 19801 /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400