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

Case 1:06-cv-00072-JJF

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AMBROSE SYKES, Plaintiff, v. WARDEN THOMAS CARROLL, TRACI JOHNSON, ELIZABETH BURRIS, AND DAVID HOLMAN, Defendants. ) ) ) ) ) ) ) ) ) ) )

C. A. No. 06-72-JJF JURY TRIAL REQUESTED

DEFENDANTS CARROLL, BURRIS AND HOLMAN'S ANSWER TO THE AMENDED COMPLAINT COME NOW Defendants Warden Thomas Carroll, Elizabeth Burris and David Holman ("Defendants"), by and through the undersigned counsel, and hereby answer the Complaint as follows: Exhaustion of Administrative Remedies Denied that Plaintiff exhausted his administrative remedies. Statement of Claim: 1. Admitted that from November 30, 2004 until July 7, 2005 Plaintiff was

housed in the Pre-Trial Unit. Admitted that on July 7, 2005 Plaintiff was moved to the detainee tier in SHU # 18, where he remained until September 21, 2006, when he was moved to the tier designated for death sentence inmates in SHU # 18. Denied that the detainee tier in SHU # 18 is a disciplinary housing unit. Denied that Plaintiff was moved to the detainee tier in SHU # 18 "without cause or reason." Defendants are without

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sufficient information to admit or deny the remaining allegations set forth in this paragraph. 2. Defendants are without sufficient information to admit or deny the

allegations set forth in this paragraph. 3. 4. Denied. Denied. RELIEF 1. It is specifically denied that Plaintiff is entitled to compensatory, punitive

or any monetary damages. 2. It is specifically denied that Plaintiff is entitled to declaratory, injunctive

or any other relief. AFFIRMATIVE DEFENSES 3. 4. 5. 6. 7. Plaintiff has failed to state a claim upon which relief can be granted. Plaintiff has failed to exhaust his administrative remedies. Defendants are immune from liability under the Eleventh Amendment. Defendants are entitled to qualified immunity. As to any claims under state law, Defendants are entitled to immunity

under the State Tort Claims Act, 10 Del. C. § 4001 et seq. 8. As to any claims under state law, Defendants are entitled to sovereign

immunity in their official capacities. 9. Defendants cannot be held liable in the absence of personal involvement

for the alleged constitutional deprivations.

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10.

To the extent that Plaintiff seeks to hold Defendants 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. 11. Defendants, in their official capacities, are not liable for alleged violations

of Plaintiff's constitutional rights as they are not "persons" within the meaning of 42 U.S.C. § 1983. 12. 13. 14. Insufficiency of service of process. Insufficiency of process. Lack of jurisdiction over the person and subject matter.

WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against Plaintiff as to all claims and that attorney fees be awarded to them. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly Eileen Kelly, I.D. No. 2884 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th fl. Wilmington, DE 19801 (302) 577-8400 [email protected] Attorney for Defendant Brian Emig

Date: December 22, 2006

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CERTIFICATE OF SERVICE I hereby certify that on December 22, 2006, I electronically filed Defendants' Answer to the Complaint with the Clerk of Court using CM/ECF. I hereby certify that on December 22, 2006, I have mailed by United States Postal Service, the document to the following non-registered party: Ambrose Sykes.

/s/ Eileen Kelly Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]

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