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

Case 1:06-cv-00011-SLR

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

C. A. No. 06-11-SLR

DEFENDANT STANLEY TAYLOR'S ANSWER TO THE AMENDED COMPLAINT COMES NOW Defendant Stanley Taylor ("State Defendant"), by and through the undersigned counsel, and hereby answers the Amended Complaint [D.I. 25]. Because the Amended Complaint is not set forth in numbered paragraphs, each paragraph is identified and responded to as follows: 1. Paragraph beginning "On 23 Nov. 05:" State Defendant is without

sufficient information to admit or deny the allegations set forth in this paragraph. 2. Paragraph beginning "On 11 Jan 06:" State Defendant is without

sufficient information to admit or deny the allegations set forth in this paragraph. 3. Paragraph beginning "Dr. Cannuli:" State Defendant is without sufficient

information to admit or deny the allegations set forth in this paragraph. 4. Paragraph beginning "Psychologist Bruce:" State Defendant is without

sufficient information to admit or deny the allegations set forth in this paragraph.

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5.

Paragraph beginning "I assert:" This paragraph is not directed to State

Defendant and therefore no response is required. To the extent that a response is required, State Defendant denies the allegations set forth in this paragraph. 6. Paragraph beginning "I also make:" Denied. State Defendant specifically

denies that he violated Plaintiff's Eighth Amendment or any other rights and further denies that he engaged in negligent or any wrongful conduct. 7. 8. Paragraph beginning "The amount:" Denied. Paragraph beginning "I also claim:" Denied. State Defendant specifically

denies that he violated Plaintiff's Eighth Amendment or any other rights and further denies that he engaged in any wrongful conduct. 9. Paragraph beginning "Also movant:" As to the last sentence of this

paragraph, State Defendant denies that he violated Plaintiff's Eighth Amendment or any other rights and further denies that he engaged in any wrongful conduct. State Defendant is without sufficient information to admit or deny the remaining allegations set forth in this paragraph. 10. Paragraph beginning "Movant prays:" State Defendant is without

sufficient information to admit or deny the allegations set forth in this paragraph. 11. Paragraph beginning "Upon proper:" As to the last sentence of this

paragraph, State Defendant denies that he violated Plaintiff's Eighth Amendment or any other rights and further denies that he engaged in any wrongful conduct. State Defendant is without sufficient information to admit or deny the remaining allegations set forth in this paragraph.

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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 injunctive, declaratory

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. State Defendant is immune from liability under the Eleventh Amendment. State Defendant is entitled to qualified immunity. As to any claims under state law, State Defendant is entitled to

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

immunity in his official capacity. 9. State Defendant cannot be held liable in the absence of personal

involvement for the alleged constitutional deprivations. 10. To the extent that Plaintiff seeks to hold State 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. 11. State 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. 12. Insufficiency of service of process.

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13. 14.

Insufficiency of process. Lack of jurisdiction over the person and subject matter.

WHEREFORE, Defendant Stanley Taylor respectfully requests that judgment be entered in his favor and against Plaintiff as to all claims and that attorney fees be awarded to him.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Eileen Kelly Eileen Kelly, I.D. #2884 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 [email protected] Attorney for Defendant Stanley Taylor

Date: June 21, 2006

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CERTIFICATE OF SERVICE I hereby certify that on June 21, 2006, I electronically filed Defendant Stanley Taylor's Answer to the Amended Complaint with the Clerk of Court using CM/ECF which will send notification of such filing to the following: Kevin J. Connors, Esquire and Lorenza Anna Wolhar, Esquire. I hereby certify that on June 21, 2006, I have mailed by United States Postal Service, the document to the following non-registered party: Leonard Baylis.

/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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