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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DONALD F. BASS, Plaintiff, v. CORRECTIONAL OFFICER JORDAN, Defendant. ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 07-025-JJF Jury Trial Requested

DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT [RE: D.I. 23] COMES NOW, Defendant Correctional Officer Jordan ("Defendant"), by and through his undersigned counsel, and hereby responds to the numbered paragraphs of Plaintiff Donald F. Bass's ("Plaintiff") Amended Complaint, dated July 24, 2007 and filed November 29, 2007 (D.I. 23) (the "Amended Complaint"), as follows: 1. Defendant admits that on December 24, 2006, Plaintiff was an inmate

incarcerated at the Delaware Correctional Center, Smyrna, Delaware. 2. Defendant admits that on December 24, 2006 he was employed by the

Delaware Department of Correction as a Correctional Officer at the Delaware Correctional Center. The remainder of Paragraph 2 is directed to individuals who are no longer defendants in this action. 3. Paragraph 3 is directed to an individual who is no longer a defendant in

this action, therefore no response is required.

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4.

Paragraph 4 is directed to individuals who are no longer defendants in this

action, therefore no response is required. 5. Paragraph 5 is directed to individuals who are no longer defendants in this

action, therefore no response is required. 6. Paragraph 6 is directed to an individual who is no longer a defendant in

this action, therefore no response is required. 7. Paragraph 7 is directed to an individual who is no longer a defendant in

this action, therefore no response is required. 8. Paragraph 8 is directed to an individual who is no longer a defendant in

this action, therefore no response is required. 9. Paragraph 9 is directed to an individual who is no longer a defendant in

this action, therefore no response is required. 10. Paragraph 10 is directed to an individual who is no longer a defendant in

this action, therefore no response is required. 11. Paragraph 11 is directed to an individual who is no longer a defendant in

this action, therefore no response is required. 12. Paragraph 12 states a legal conclusion to which no response is required.

To the extent a response is required, Defendant denies that he violated Plaintiff's constitutional rights. Facts 13. 24, 2006. Defendant admits that Plaintiff was housed in Building 23 on December

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Paragraphs 14. ­ 73. The allegations of paragraphs 14 through 73 of the Amended Complaint are directed to issues that were dismissed by the Court as frivolous, therefore no response is required. To the extent a response is required, Defendant denies that he violated Plaintiff's constitutional rights. 74. Defendant is without knowledge or information sufficient to form a belief

as to the truth of the allegations asserted in paragraph 74 of the Amended Complaint and, therefore, denies same. 75. 76. 77. 78. The allegations of paragraph 75 of the Amended Complaint are denied. The allegations of paragraph 76 of the Amended Complaint are denied. The allegations of paragraph 77 of the Amended Complaint are denied. Defendant is without knowledge or information sufficient to form a belief

as to the truth of the allegations asserted in paragraph 78 of the Amended Complaint and, therefore, denies same. 79. Defendant is without knowledge or information sufficient to form a belief

as to the truth of the allegations asserted in paragraph 79 of the Amended Complaint and, therefore, denies same. 80. 81. The allegations of paragraph 80 of the Amended Complaint are denied. Defendant is without knowledge or information sufficient to form a belief

as to the truth of the allegations asserted in paragraph 81 of the Amended Complaint and, therefore, denies same. Paragraphs 82. ­ 85. The allegations of paragraphs 82 through 85 of the Amended Complaint are directed to issues that were dismissed by the Court as frivolous,

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therefore no response is required. To the extent a response is required, Defendant denies that he violated Plaintiff's constitutional rights. 86. Paragraph 86 states a legal conclusion to which no response is required.

To the extent a response is required, Defendant denies that he violated Plaintiff's constitutional rights. 87. this action. 88. Paragraph 88 states a legal conclusion to which no response is required. Paragraph 87 is directed to individuals who are no longer defendants in

To the extent a response is required, Defendant denies that he violated Plaintiff's constitutional rights. 89. Paragraph 89 states a legal conclusion to which no response is required.

To the extent a response is required, Defendant denies that he violated Plaintiff's constitutional rights. RELIEF Defendant specifically denies that Plaintiff is entitled to any relief or damages, including injunctive relief, compensatory damages, punitive damages, costs and/or attorneys' fees. DEFENSES AND AFFIRMATIVE DEFENSES 1. granted. 2. 3. The action and all claims are barred by Eleventh Amendment immunity. As to any claims against the State or against Defendant in his official The Amended Complaint fails to state claims upon which relief may be

capacity, Defendant and the State are protected from liability by the doctrine of sovereign

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immunity. 4. Officials and employees of the State of Delaware acting in good faith

within the scope of their employment and without knowingly violating well established federal rights, are entitled to qualified immunity and cannot be held liable in this action. 5. Defendant, in his official capacity, is not liable for alleged violations of

Plaintiff's constitutional rights as he is not a "person" within the meaning of 42 U.S.C. § 1983. 6. As to any claims sounding in state law, Defendant is immune from

liability under the State Tort Claims Act, 10 Del. C. §4001 et seq. 7. To the extent Plaintiff seeks to hold Defendant liable based on supervisory

responsibilities, the Doctrine of Respondeat Superior or vicarious liability is not a basis for liability in an action under 42 U.S.C. § 1983. 8. This action and all claims are barred, in whole or in part, by the applicable

statute of limitations or any other statutorily required administrative time requirement. 9. Plaintiff has failed to exhaust his administrative remedies, including but

not limited to, remedies pursuant to 42 U.S.C. § 1997a(e). 10. Defendant cannot be held liable in the absence of personal involvement

for alleged constitutional deprivations. 11. To the extent Plaintiff's claims sound in negligence, Plaintiff cannot state

a cause of action under 42 U.S.C. § 1983. 12. 13. The Plaintiff's claims are barred by his contributory negligence. Plaintiff fails to state a claim against Defendant for failure to train and

maintenance of wrongful customs, practices and policies.

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14. Amendment. 15.

Plaintiff fails to state a claim against Defendant for violation of the Eighth

Plaintiff's injuries and damages, if any, resulted from an intervening and

superseding cause. 16. Plaintiff's own conduct proximately caused and/or exacerbated his

injuries, if any. 17. 18. 19. Insufficiency of service of process. Insufficiency of process. Lack of jurisdiction over the person and subject matter.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 Attorney for Defendant C/O Jordan Dated: December 3, 2007

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on December 3, 2007, I caused a true and correct copy of the attached Defendant's Answer to Plaintiff's Amended Complaint [Re: D.I. 23] to be served on the following individual in the form and manner indicated:

NAME AND ADDRESS OF RECIPIENT(S): Donald F. Bass, Inmate SBI # 187042 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient Two true copies by first class mail, postage prepaid, to each recipient Two true copies by Federal Express Two true copies by hand delivery to each recipient

/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