Free Answer to 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 COMPLAINT [RE: D.I. 2] 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 Complaint ("Plaintiff"), dated January 5, 2007 and filed January 12, 2007 (D.I. 2), as follows: Previous Lawsuits Plaintiff did not list any previous lawsuits in the "Previous Lawsuits" section of the Complaint, therefore, no response is required. Exhaustion of Administrative Remedies Defendant admits that there is a prisoner grievance procedure available at the Howard R. Young Correctional Institution ("HRYCI"). Defendant also admits that Plaintiff has not fully exhausted his available administrative remedies. Defendant denies each and every other allegation of the "Exhaustion of Administrative Remedies" section not specifically admitted herein.

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Defendants 1. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 2. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 3. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 4. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 5. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 6. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 7. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 8. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 9. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 10. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 11. This paragraph appears to be directed to an individual that is no

longer a defendant in this action.

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12.

This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 13. The allegations of paragraph 13 of the "Defendants" section of the

Complaint are admitted. 14. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 15. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 16. This paragraph appears to be directed to an individual that is no

longer a defendant in this action. 17. This paragraph appears to be directed to an individual that is no

longer a party to this action. Statement of Claim 1. Defendant is without knowledge or information sufficient to form

a belief as to the truth of the allegations asserted in paragraph 1 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 2. The allegations of paragraph 2 of the "Statement of Claim" section

of the Complaint are denied. 3. The allegations of paragraph 3 of the "Statement of Claim" section

of the Complaint are denied. 4. The allegations of paragraph 4 of the "Statement of Claim" section

of the Complaint are denied. 5. Defendant is without knowledge or information sufficient to form

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a belief as to the truth of the allegations asserted in paragraph 5 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 6. Defendant is without knowledge or information sufficient to form

a belief as to the truth of the allegations asserted in paragraph 6 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 7. Defendant is without knowledge or information sufficient to form

a belief as to the truth of the allegations asserted in paragraph 7 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 8. The allegations of paragraph 8 of the "Statement of Claim" section

of the Complaint are denied. 9. Defendant is without knowledge or information sufficient to form

a belief as to the truth of the allegations asserted in paragraph 9 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 10. This paragraph appears to be directed to an individual who is no

longer a party to this action. As such, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations asserted in paragraph 10 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 11. This paragraph appears to be directed to an individual who is no

longer a party to this action. As such, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations asserted in paragraph 11 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 12. This paragraph appears to be directed to an individual who is no

longer a party to this action. As such, Defendant is without knowledge or information

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sufficient to form a belief as to the truth of the allegations asserted in paragraph 12 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 13. Defendant is without knowledge or information sufficient to form

a belief as to the truth of the allegations asserted in paragraph 13 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 14. Defendant is without knowledge or information sufficient to form

a belief as to the truth of the allegations asserted in paragraph 14 of the "Statement of Claim" section of the Complaint and, therefore, denies same. 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. immunity. 3. As to any claims against the State or against Defendant in his The action and all claims are barred by Eleventh Amendment The Complaint fails to state claims upon which relief may be

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

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

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15.

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

intervening and superseding cause. 16. injuries, if any. 17. 18. 19. Insufficiency of service of process. Insufficiency of process. Lack of jurisdiction over the person and subject matter. Plaintiff's own conduct proximately caused and/or exacerbated his

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: August 15, 2007

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CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on August 15, 2007, I caused a true and correct copy of the attached Defendant's Answer to Plaintiff's Complaint [Re: D.I. 2] 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