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

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I Case·3:O3-cv—O1029(D)JS Document 28 Filed 1 1/ 1 6<2%O4 Page 1 of 2 c'
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UNITED STATES DISTRICT COURT .` ri in {
DISTRICT OF CONNECTICUT `B i' V
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CYRUS GRIFFIN : 3 :03 CV
Plaintyf ; ‘ , ‘ ·.-· L-‘ ‘
VS.
CAPTAIN MICHAEL CLEAVER, ET AL.
Defendants. : November 15, 2004
ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPL.@_I`_
The defendants hereby respond to the allegations of the plaintiffs amended
complaint dated June 26, 2003.
The defendants deny all allegations in the plaintiffs amended complaint and
leave him to his proof The defendants do not respond by paragraph, since the plaintiff
does not set out the allegations by paragraph.
AFFIRMATIVE DE FEN SES
The defendants assert the following Affirmative Defenses:
First Affirmative Defense:
The plaintiff fails to state a claim under the Fourteenth Amendment, since the plaintiff
fails to assert that a liberty interest was affected. R
Second Affirmative Defense:
The plaintiff fails to state a claim regarding classification, since the plaintiff has no
I constitutionally protected right to a specific classification. I
Third Affirmative Defense: _
I The plaintiff failed to exhaust his administrative remedies pursuant to the Prison
Litigation Reform Act. I
Fourth Affirmative Defense:
Each and every defendant in this action is entitled to qualified immunity.
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» Case·3:O3-cv—O102£fD`QJS Document 28 Filed 11/16<2()O4 Page 2 of 2
Fifth Affirmative Defense: I
The Eleventh Amendment provides immunity. ‘ I
Sixth Affirmative Defense: I
The plaintiffs claims are precluded by Coma. Gen. Stat. §§ 4-141 through 4-164 and § 4-
165. a
Seventh Affirmative Defense: · I I
The defendants do not have sufficient personal involvement in any of the constitutional
violations alleged.
DEFENDANTS,
Captain Michael Cleaver, et al. g
. I
I
RICHARD BLUMENTI-IAL
ATTORNEY GENERAL ‘
Br- ,..4 .; I r _r .
Kat een A. Keat` · g N,
Assistant Attorney General
Federal Bar No. ct25247 .
110 Sherman Street I
Hartford, CT 06105
Tel: (860) 808-5450 _ i
E : kathleen.keatin o.state.ct.us . I
CERTIFICATION ,
I hereby certify that a copy of the foregoing was sent by first-class mail, postage 2
prepaid, this 15* day of November, 2004, to:
Cyrus Griffin, Imnate No. 262493
Northern Correctional Institution -
287 Bilton Road, P.O. Box 665 _` w
Somers, CT 06071 _, _ " _ Q
,¢= th een A. K ting . _ I
_ Assistant Attorney General I