Free Answer to Amended Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00125-JJF

Document 33

Filed 12/31/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RAYMOND E. BLAKE, Plaintiff, v. DAVID PRADO, SHAWN MARGYNIAK, and MICHAEL SZCZERBA, Defendants. : : : : : : : : : : :

C.A. 07-125-JJF

ANSWER The defendant Shawn Martyniak answers the amended complaint as follows: 1. 2. This is a legal contention for which no response is required. Answering defendant has insufficient information to form a belief as to the

truth of this paragraph. 3. Admitted that answering defendant is a Deputy Attorney General. The

balance of the paragraph appears to be a legal contention for which no response is required. 4. ­ 30. Answering defendant denies any wrongdoing or illegal conduct, but

has insufficient information to form a belief as to the truth of these paragraphs, and many paragraphs contain legal contentions for which no response is required.

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Case 1:07-cv-00125-JJF

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Affirmative and other Defenses 31. The complaint fails to state a legal claim, in whole or in part, and

should be dismissed. 32. Constitution. 33. The claims are barred by the appropriate statute of limitation or The claims are barred by the Eleventh Amendment of the U.S.

statute of repose. 34. 35. Answering defendant is entitled to official immunity. State law claims, if any, are barred by sovereign immunity under the

Delaware Constitution and the State Tort Claims Act, 10 Del.C. § 4001 et seq. 36. Plaintiff's claims are barred, in whole or in part, due to the failure of

plaintiff to exhaust his administrative remedies under State and Federal law. 37. Plaintiff's claims are barred, in whole or in part, based on the

doctrine of issue or claim preclusion. WHEREFORE, answering defendant requests judgment in his favor for all that is just and proper, with costs and attorney fees assessed against plaintiff. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Marc P. Niedzielski Marc P. Niedzielski (#2616) Deputy Attorney General 820 North French Street, 6th Floor Wilmington, DE 19801 Attorney for Shawn Martyniak DATED: December 31, 2007
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Case 1:07-cv-00125-JJF

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Filed 12/31/2007

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CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated he caused a copy of this document to be served by U.S. Mail on the following: Raymond E. Blake 1821 W.4th Street Wilmington, DE 19805 Rosamaria Tassone, Esq. City of Wilmington Law Dept. 800 French Street, 9th Floor Wilmington, DE 19801 /s/ Marc P. Niedzielski Marc P. Niedzielski (#2616) Deputy Attorney General 820 North French Street, 6th Floor Wilmington, DE 19801 Attorney for Shawn Martyniak

DATED: December 31, 2007

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