Free Response to Motion - District Court of Delaware - Delaware

Case 1:06-cv-00001-GMS

Document 26

Filed 08/15/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES W. RILEY, Plaintiff, v. STANLEY TAYLOR, THOMAS CARROLL, DAVID PIERCE, AMY MUNSON, MEDICAL ASSISTANT MALANEY, CORRECTIONAL MEDICAL SYSTEMS and FIRST CORRECTIONAL MEDICAL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Civ. No. 06-001 GMS JURY TRIAL DEMANDED

OPPOSTION OF DEFENDANTS, CORRECTIONAL MEDICAL SYSTEMS (MORE PROPERLY KNOWN AS CORRECTIONAL MEDICAL SERVICES, INC.) AND MEDICAL ASSISTANT MALANEY, TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT COME NOW Defendants, Correctional Medical Systems (more properly known as Correctional Medical Services, Inc.) and Medical Assistant Malaney, collectively hereinafter "Defendants", by and through their undersigned counsel, respectfully requesting this Honorable Court to deny plaintiff's Motion for Summary Judgment, and in support thereof, Defendants offer the Memorandum of Points and Authorities filed simultaneously herewith. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: /s/Kevin J. Connors KEVIN J. CONNORS, ESQUIRE,(DE ID # 2135) 1220 N. Market Street, 5th Floor P.O. Box 8888 Wilmington, DE 19899-8888 (302) 552-4302 Attorneys for Correctional Medical Services, Inc. and Assistant Malaney

DATED: August 15, 2006

Case 1:06-cv-00001-GMS

Document 26

Filed 08/15/2006

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES W. RILEY, Plaintiff, v. STANLEY TAYLOR, THOMAS CARROLL, DAVID PIERCE, AMY MUNSON, MEDICAL ASSISTANT MALANEY, CORRECTIONAL MEDICAL SYSTEMS and FIRST CORRECTIONAL MEDICAL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

Civ. No. 06-001 GMS JURY TRIAL BY TWELVE DEMANDED

CERTIFICATE OF SERVICE

I hereby certify that on August 15, 2006, I electronically filed the Opposition of Defendants, (more properly known as Correctional Medical Services, Inc.) and Medical Assistant, Malaney, to Plaintiff's Motion for Summary Judgment with the Clerk of Court using CM/ECF, which will send notification of such filing to the following: Ophelia Michelle Waters, Esquire Department of Justice 820 N. French Street, 6th Floor Wilmington, DE 19801

I hereby certify that on August 15, 2006, I have mailed by United States Postal Service, the Opposition of Defendants, (more properly known as Correctional Medical Services, Inc.) and Medical Assistant, Malaney, to Plaintiff's Motion for Summary Judgment to the following nonregistered participant: James W. Riley #169716 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977

Case 1:06-cv-00001-GMS

Document 26

Filed 08/15/2006

Page 3 of 3

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Kevin J. Connors KEVIN J. CONNORS, ESQ. DE Bar ID: 2135 1220 North Market Street, 5th Fl. P.O. Box 8888 Wilmington, DE 19899-8888 Attorney for Defendants, Medical Assistant Malaney and Correctional Medical Services, Inc.