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

Case 3:03-cv-00386-AWT

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

EUNICE SMITH, Plaintiff v. STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION, Defendant

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CIVIL ACTION NO. 3:03CV00386(AWT)

APRIL 15, 2004

DEFENDANTS ANSWER AND AFFIRMATIVE DEFENSE TO PLAINTIFF'S SECOND AMENDED COMPLAINT Count One 1. 2. Paragraph 1 is denied. As to paragraph 2, the defendants have insufficient knowledge to

formulate a response and therefore, leave plaintiff to her proof. 3. 4. Paragraph 3 is admitted. The defendants admit so much of paragraph 4 that alleges that the

Department of Correction is a state agency that employs over 500 persons and whose principal place of business is 24 Wolcott Hill Road, Wethersfield, CT 06109. 5. As to paragraph 5, the defendants admit that plaintiff began working for

the defendant on July 13, 1990 as a cadet and was appointed to the position of Correctional Officer on April 30, 1991. She began work at the Hartford Correctional Facility at 177 Weston Street, Hartford, CT 06120. 6. 7. Paragraph 6 is admitted. Paragraph 7 is denied.

Case 3:03-cv-00386-AWT

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8. proof. 9. 10.

As to paragraphs 8, 9, 10, 11, 12, 13, 14, 15 and 16, plaintiff is left to her

As to paragraph 17, plaintiff is left to her proof. The defendants admit so much of paragraph 18 that states that plaintiff

was issued a five (5) day suspension on October 23, 2002. As to the remainder of paragraph 18, plaintiff is left to her proof. 11. 12. As to paragraph 19, plaintiff is left to her proof. Paragraphs 20 and 21 are denied.

Count Two The defendants' responses to paragraphs 1 through 21 of Count One are incorporated by reference as if fully set forth herein. 1. 2. 3. 4. 5. Paragraphs 22 and 23 are admitted. As to paragraph 24, plaintiff is left to her proof. Paragraph 25 is admitted. As to paragraph 26, plaintiff is left to her proof. Paragraphs 27, 28 and 29 are denied.

Count Three The defendants' responses to paragraphs 1 through 21 of Count One are incorporated by reference as if fully set forth herein. 1. As to the first sentence of paragraph 22, the plaintiff is left to her proof.

The second sentence of paragraph 22 is denied. 2. Paragraphs 23, 24 and 25 are denied.

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Count Four The defendants' responses to paragraphs 1 through 21 of Count One are incorporated by reference as if fully set forth herein. 1. Paragraphs 23 [sic], 23, 24, 25 and 36 are denied. AFFIRMATIVE DEFENSES First Defense The plaintiff has failed to state a claim upon which relief can be granted. Second Defense The plaintiff has failed to exhaust her administrative remedies. Third Defense The plaintiff has failed to mitigate her damages. Fourth Defense As to the individual defendants, the court lacks personal jurisdiction for lack of service of process pursuant to F.R.C.P. 12(b)(4). Fifth Defense The plaintiff's claims against the individual defendants are barred by the doctrine of qualified immunity because they acted in good faith at all times. Sixth Defense The plaintiff's claims for negligent infliction of emotional distress are barred by Conn. Gen. Stats. 4-165 and the doctrine of sovereign immunity. Seventh Defense Some of the plaintiff's claims are barred by the Eleventh Amendment to the United States Constitution.

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Case 3:03-cv-00386-AWT

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DEFENDANT, STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

_________________________________ Jane B. Emons Assistant Attorney General Federal Bar No. 16515 55 Elm Street - P.O. Box 120 Hartford, CT 06141-0120 Tel: (860) 808-5340 Fax: (860) 808-5383 Email: [email protected]

CERTIFICATION

I hereby certify that a copy of the foregoing Defendants Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint, was mailed this 15th day of April, 2004, first class postage prepaid to: Francis A. Miniter, Esq. Miniter & Associates 100 Wells Street, Unit 1-D Hartford, Connecticut 06103

___________________________ Jane B. Emons Assistant Attorney General

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