Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00011-SLR

Document 72

Filed 03/23/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LEONARD K. BAYLIS, Plaintiff v. STANLEY TAYLOR, et al., Defendant(s) : : : : : : : : :

Civ. No: 06-11-SLR JURY TRIAL DEMANDED

ANSWER OF DEFENDANTS, GEORGIANA MEEKENS (MORE PROPERLY KNOWN AS GEORGIANNA MICKENS) AND CHARLES BENTON TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND ORIGINAL COMPLAINT WITH AFFIRMATIVE DEFENSES The plaintiff's First Amended Complaint, and original Complaint, do not contain numbered paragraphs with distinct allegations, but rather consist of multiple unnumbered paragraphs that contain narrative statements, which do not permit an orderly, concise admission or denial of specific facts or contentions. Subject to the above, allegations of wrongdoing directed to Answering Defendants, whether words or conduct, whether express or implied, are expressly denied by Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton. It is further denied that plaintiff is entitled to any relief, including, but not limited to, compensatory damages, punitive damages and/or injunctive relief. Furthermore, Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, deny that they violated plaintiff's civil or constitutional rights, deny any deprivation of adequate medical care and deny any negligence which allegedly proximately caused any injury to the plaintiff.

Case 1:06-cv-00011-SLR

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Filed 03/23/2007

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FIRST AFFIRMATIVE DEFENSE Plaintiff's Complaint and First Amended Complaint fail to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE Plaintiff was not deprived of any civil or constitutional rights or protection by Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton. THIRD AFFIRMATIVE DEFENSE Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, at all times material to plaintiff's Complaint and First Amended Complaint, acted in good faith and with the reasonable belief, both objective and subjective, that their actions were lawful and not in violation of the rights of plaintiff under the Constitution and laws of the United States and/or the State of Delaware. FOURTH AFFIRMATIVE DEFENSE Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, at all times material to plaintiff's Complaint and First Amended Complaint, were not in violation of plaintiff's rights under the United States Constitution, Delaware Constitution or the laws of the United States or the laws of the State of Delaware. FIFTH AFFIRMATIVE DEFENSE Plaintiff did not experience a deliberate indifference to any of his serious medical needs. SIXTH AFFIRMATIVE DEFENSE Plaintiff's claims do not rise to the level of deprivation of civil or constitutional rights.

Case 1:06-cv-00011-SLR

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Filed 03/23/2007

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SEVENTH AFFIRMATIVE DEFENSE Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, did not recklessly, maliciously, willfully, or intentionally commit any wrongful acts or omissions causing injury to the plaintiff and, in the absence of such conduct, there can be no liability on the part of Answering Defendants on the facts of this case. EIGHTH AFFIRMATIVE DEFENSE Plaintiff received appropriate and competent medical care and treatment during his period of incarceration from Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton. NINTH AFFIRMATIVE DEFENSE Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, are entitled to the defense of good faith immunity. TENTH AFFIRMATIVE DEFENSE Answering Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, are otherwise entitled to the defense of immunity. ELEVENTH AFFIRMATIVE DEFENSE Answering Defendants are not responsible for persons, events, circumstances or conditions reasonably beyond their control. TWELFTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred or limited by the provisions contained in the United States Civil Rights Act. THIRTEENTH AFFIRMATIVE DEFENSE Plaintiff has failed to exhaust administrative remedies.

Case 1:06-cv-00011-SLR

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FOURTEENTH AFFIRMATIVE DEFENSE Plaintiff's claims may otherwise be barred by 28 U.S.C.A § 1915 FIFTEENTH AFFIRMATIVE DEFENSE Plaintiff's claims may be barred and/or reduced by the plaintiff's own contributory or comparative negligence. SIXTEENTH AFFIRMATIVE DEFENSE The plaintiff's injuries, if any, resulted from an intervening and/or superseding cause. SEVENTEENTH AFFIRMATIVE DEFENSE Plaintiff's claims are barred, in whole or in part, by the applicable statute of limitations. EIGHTEENTH AFFIRMATIVE DEFENSE Plaintiff's alleged conditions did not constitute a serious medical need. NINETEENTH AFFIRMATIVE DEFENSE Plaintiff failed to comply with the mandates of 18 Del. C. § 6853. TWENTIETH AFFIRMATIVE DEFENSE Plaintiff failed to mitigate his alleged injuries and damages. WHEREFORE, Defendants, Georgiana Meekens more properly known as Georgianna Mickens) and Charles Benton, hereby request that all claims against them be dismissed with prejudice, that judgment be entered in favor of Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, that all fees and costs associated with this action be assessed against plaintiff and in favor of Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, and that this Court grant Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton, any other relief it deems proper and just.

Case 1:06-cv-00011-SLR

Document 72

Filed 03/23/2007

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MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: /s/ Kevin J. Connors KEVIN J. CONNORS, ESQUIRE,(DE ID # 2135) LORENZA A. WOLHAR, (DE ID # 3971) 1220 N. Market Street, 5th Floor P.O. Box 130 Wilmington, DE 19899-0130 (302) 552-4302 Attorneys for Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton

DATED: March 23, 2007

Case 1:06-cv-00011-SLR

Document 72

Filed 03/23/2007

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CERTIFICATE OF SERVICE I hereby certify that on March 23, 2007, I electronically filed the Answer of Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton To Plaintiff's First Amended Complaint and Original Complaint With Affirmative Defenses, with the Clerk of Court using CM/ECF, which will send notification of such filing to the following: Eileen Kelly, Esquire Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801 I hereby certify that on March 23, 2007, I have mailed by United States Postal Service, the Answer of Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton To Plaintiff's First Amended Complaint and Original Complaint With Affirmative Defenses, to the following non-registered participant: Leonard K. Baylis SBI00100231 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: /s/ Kevin J. Connors KEVIN J. CONNORS, ESQUIRE,(DE ID # 2135) LORENZA A. WOLHAR, (DE ID # 3971) 1220 N. Market Street, 5th Floor P.O. Box 130 Wilmington, DE 19899-0130 (302) 552-4302 Attorneys for Defendants, Georgiana Meekens (more properly known as Georgianna Mickens) and Charles Benton

DATED: March 23, 2007