Free Answer to Complaint - District Court of Connecticut - Connecticut

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I . -- -· Case 3:03-cv-00645-CFD Document 10 Filed 11/06/2003 Page 1 of4 I
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FILED 1
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I Paisonsk Us DESUKRLCT ill /
I JOSE RIVERA : CIVIL NO. 3:03CV64§FiiCi=LlZ5` OR { UT
V. Z I
HECTOR RODRIGUEZ, ET AL., : NOVEMBER 4, 2003
ANSWER AND AFFIRMATIVE DEFEN SES I
Defendants Hector Rodriguez and Ruiz Ricar, M.D., file their answer and affirmative I
I defenses to the plaintiff’ s pro se “Civi1 Rights Complaint" filed on April 8, 2003.
A. PARTIES
1. Admitted. I
2. Admitted. j
0 3. Admitted. I I _ I I I I I li
4. With respect to the allegations as to a defendant referred to as "John Doe", the I
defendants lack sufficient knowledge to admit or deny the same, and therefore leave the plaintiff I
to his proof
B. JURISDICTION
Denied. I
C. NATURE OF THE CASE 1
Defendants Rodriguez and Ricar admit that, on January 4, 2003, the plaintiff complained
he twisted his right ankle when he slipped while climbing off of his bunk bed, and that at the
time he was- a protective custody imnate at Cheshire CI. The remaining allegations in this
section are denied.
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i ” i Case 3:03-cv-0064565 D Document 10 Filed 11/O6(2SO3 Page 2 of 4 `
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i D. CAUSES or Acrron A
Claim l: Denied.
Facts: Denied. i
Claim 2:-Denied. R
Facts: Defendants Rodriguez and Ricar admit that the plaintiff was examined and treated [
E at the UCONN Medical Center on January 24, 2003 and given a splint to wear on his ankle. The i
‘ remaining allegations are denied. i
I Claim 3: Denied.
Facts: Denied.
Ernsr AFFIRMATIVE DEFENSE
The plaintiff’ s complaint fails to state a claim upon which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
The plaintiff has failed to exhaust his administrative remedies.
mum AFFIRMATIVE DEFENSE
The plaintiffs claims are barred by the Eleventh Amendment and the doctrine of
sovereign immunity.
Eouarn AEE1aMAr1vE DEFENSE
i Defendants Rodriguez and Ricar are entitled to qualified immunity since, at all relevant
times, their actions comported with those of an objectively reasonable correctional official under J
like circumstances and they did not knowingly violate any of the plaintiffs clearly established
constitutional rights. Altematively, the constitutional rights the plaintiff alleges to have been
violated were not clearly established at the time of the events giving rise to this action.
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` l E E Case 3:03-cv-006455 D Document 10 Filed 11/06/QOOS Page 3 of 4 ‘
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l FIFTH AFFIRMATIVE DEFENSE
The plaintiff has failed to mitigate his damages.
DEFENDANTS:
HECTOR RODRIGUEZ, ET AL., 1
i RICHARD BLUMENTHAL J
ATTORNEY GENERAL I
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BY’
Terrence M. ’Nei l
Assistant Attorney General .
110 Sherman Street
Hartford, CT 06105
Federal Bar #ct10835
E-Mail: [email protected]
Tel: (860) 808-5450 5
Fax: (860) 808-5591
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l ·‘ T 9 Case 3:03-cv-00645CGF D Document 10 Filed 11/O6{2QO3 Page 4 of 4
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A CERTIFICATION l
I hereby certify that a copy of the foregoing was mailed to the following on this Sth day of
November, 2003: y
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Jose Rivera, no. 191824 i
E MacDougaIl—Wa1ker CI
Q l 1153 East Street South i
Suffield, CT 06080 I
{'."·"-nw ff ,,4 fr'. ‘ J--‘ }
Terr nce . I ’Nei 1 {
Assistant Attorney General I
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