Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00040-MPT

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Filed 03/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE EUGENIO RIVERA, Plaintiff, v. STATE OF DELAWARE, Defendant. ) ) ) ) ) ) ) ) ) ANSWER 1. Denied that the plaintiff has stated a viable Civil Rights claim against the

C. A. No. 06-40-KAJ

State of Delaware. Denied that the Court has jurisdiction over the claim asserted by the plaintiff against the State of Delaware. 2. 3. Denied. Denied that the plaintiff has stated a viable Civil Rights claim against the

State of Delaware. Denied that the Court has jurisdiction over the claim asserted by the plaintiff against the State of Delaware. 4. 5. 6. respond. 7. respond. 8. respond. 9. respond. Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Denied. By way of further answer, there is no allegation in the Complaint Denied. Answering defendant is without sufficient knowledge or information to that the plaintiff was arrested by officers of the State of Delaware.

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10. respond. 11. respond. 12. respond. 13. 14. victim. 15.

Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to

respond. By way of further answer, the Delaware State Police were not contacted. respond. By way of further answer, the Delaware State Police did not interview the Answering defendant is without sufficient knowledge or information to

respond. By way of further answer, the Delaware State Police were not provided with the name of the plaintiff. 16. respond. 17. respond. 18. respond. 19. Police. 20. Police. 21. Police. 22. respond. Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to respond. By way of further answer, the victim was not questioned by the Delaware State Answering defendant is without sufficient knowledge or information to respond. By way of further answer, the victim made no statement to the Delaware State Answering defendant is without sufficient knowledge or information to respond. By way of further answer, the victim was not questioned by the Delaware State Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to

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23. respond. 24. respond. 25. respond. 26. respond. 27. respond. 28. respond. 29. respond. 30. respond. 31. respond. 32. respond. 33. 34. 35. 36. 37. of Delaware. 38. of Delaware.

Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Denied. Denied. The answering defendant restates, and incorporates herein by reference, Denied. Answering defendant is without sufficient knowledge or information to

the responses set forth in paragraphs 1 through 34 above.

respond. By way of further answer, the plaintiff was not arrested by officers of the State Answering defendant is without sufficient knowledge or information to

respond. By way of further answer, the plaintiff was not arrested by officers of the State

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39. 40. of Delaware. 41. 42. of Delaware. 43. respond. 44. respond. 45. respond. 46. of Delaware. 47. 48. respond. 49. respond. 50. respond. 51. respond. 52. respond.

The answering defendant restates, and incorporates herein by reference, Answering defendant is without sufficient knowledge or information to

the responses set forth in paragraphs 1 through 38 above. respond. By way of further answer, the plaintiff was not arrested by officers of the State The averment calls for a legal conclusion and is not a factual allegation, Answering defendant is without sufficient knowledge or information to

and is thus improper, and no answer is required. respond. By way of further answer, the plaintiff was not arrested by officers of the State Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to

respond. By way of further answer, the plaintiff was not arrested by officers of the State The answering defendant restates, and incorporates herein by reference, Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to Answering defendant is without sufficient knowledge or information to

the responses set forth in paragraphs 1 through 46 above.

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53.

Denied that the plaintiff has stated a viable Civil Rights claim against the

State of Delaware. Denied that the Court has jurisdiction over the claim asserted by the plaintiff against the State of Delaware. Denied that the plaintiff is entitled to a cost or fee award as against the State of Delaware. WHEREFORE, the defendant State of Delaware asks that the Complaint be dismissed, with prejudice, for failure to state a claim against the State of Delaware. First Affirmative Defense The complaint fails to state a claim against the State of Delaware upon which relief can be granted as a matter of law. Second Affirmative Defense The State of Delaware is immune from suit under the Eleventh Amendment. WHEREFORE, the defendant prays that the Court dismiss the plaintiff's action in its entirety, with prejudice, with all costs payable by the plaintiff.

_/s/ Ralph K. Durstein III_______ Ralph K. Durstein III (ID# 912) Deputy Attorney General Department of Justice State of Delaware 820 N. French Street Wilmington, DE 19801 (302)577-8510 Dated: March 27, 2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE EUGENIO RIVERA, Plaintiff, v. STATE OF DELAWARE, Defendant. ) ) ) ) ) ) ) ) )

C. A. No. 06-40-KAJ

CERTIFICATE OF MAILING AND/OR DELIVERY The undersigned certifies that on March 27, 2006, he caused the attached Answer to the Complaint to be electronically filed with the Clerk of Court using CM/ECF which will send notification of such filing to the following: R. Stokes Nolte, Esquire 1010 N. Bancroft Parkway Suite 21 Wilmington, DE 19805 /s/ Ralph K. Durstein III Ralph K. Durstein III, I.D. #912 Deputy Attorney General Department of Justice State of Delaware 820 N. French Street, 6th Floor Wilmington, DE 19801 (302)577-8510