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

Case 1:04-cv-01385-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICTOF DELAWARE Jack W. Wolf Plaintiff v. Thomas Carroll, DCC Medical Dept., C/O Pusey, C/O Carter and Lt. Seacord Defendants ) ) ) ) ) ) ) ) )

C. A. No. 04-1385-GMS

ANSWER TO AMENDED COMPLAINT State Defendants Correctional Officers Carter and Pusey, and Lieutenant Seacord by and through undersigned counsel, hereby answer Complaint as follows:
PREVIOUS LAWSUITS

1.

Plaintiff has filed at least three civil actions that were dismissed as

frivolous, malicious or for failure to state a claim upon which relief may be granted. State Defendants are without information sufficient to admit the truth of remaining allegations regarding previous lawsuits, and the same are therefore denied. EXHAUSTION OF ADMINISTRATIVE REMEDIES 2. State Defendants admit there is a grievance procedure in the institution.

State Defendants deny the plaintiff's allegations regarding the proper steps taken in accordance with the grievance procedure.
PARTIES

3.

Plaintiff is a prisoner in the custody of the Delaware Department of

Correction and currently housed in the Delaware Correctional Center, Smyrna, Delaware.

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4.

State Defendants Carter, Pusey and Seacord are employed by the State of

Delaware for the Department of Correction. Seacord and Carter currently work at the Delaware Correction Center. Pusey currently works at the Sussex Correctional Institute.

STATEMENT OF CLAIM

5.

State Defendants deny that they subjected or caused to be subjected,

Plaintiff to a deprivation of any rights protected by federal law. 6. State Defendants deny that they are subject to § 1983 liability for the

alleged deprivation of Plaintiff's Eighth Amendment right to be free from cruel and unusual punishment. 7. State Defendants deny that they are subject to § 1983 liability for the

force used, if any, on Plaintiff at all times alleged in the complaint. 8. State Defendants deny that they slammed, pulled, or forcibly mishandled

plaintiff during an escort to the receiving room at any time relevant to the complaint. 9. State Defendants deny that their actions, if any, involved the wanton and

unnecessary infliction of pain on plaintiff as alleged in the complaint. 10. State Defendants deny that plaintiff's injuries, if any, are significant and

are a result of the use of force by the State Defendants. 11. State Defendants each deny that he applied force maliciously and

sadistically for the purpose of causing plaintiff pain and suffering. 12. State Defendants deny that they intentionally or recklessly disregarded

plaintiff's serious medical condition. 13. State Defendants deny that Plaintiff's life is in danger.

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RELIEF

14.

It is specifically denied that Plaintiff is entitled to compensatory damages

or punitive damages. 15. It is specifically denied that Plaintiff is entitled to any other relief
AFFIRMATIVE DEFENSES

16.

The State Defendants are immune from liability under the Doctrine of

Sovereign Immunity. 17. As officials of the State of Delaware acting in good faith and without

negligence within the scope of their employment and without knowingly violating well established federal rights, the State Defendants are entitled to qualified immunity and cannot be held liable in this action. 18. The State Defendants are immune from liability to the Plaintiff under the

State Tort Claims Act. 19. The State Defendants cannot be held liable in the absence of personal

involvement for alleged constitutional deprivations. 20. To the extent the Plaintiff seeks to hold the State Defendants liable based

on supervisory responsibilities, the Doctrine of Respondeat Superior is not a basis for liability in an action under 42 U.S.C. §1983. 21. 22. Negligence is not a cause of action under 42 U.S.C. §1983. The State Defendants are immune from liability under the Eleventh

Amendment of the United States Constitution.

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23.

The State Defendants in their official capacities are not liable for alleged

violations of Plaintiff's constitutional rights as they are not "persons" pursuant to 42 U.S.C. §1983. 24. Plaintiff has failed to exhaust his administrative remedies as required

pursuant to 28 U.S.C. § 1997a(e). 25. limitations. 26. 27. cause. 28. Plaintiff acted with contributory negligence. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's injuries, if any, resulted from an intervening and/or superseding This action and all claims are barred by the applicable statute of

Wherefore, for the reasons set forth above, the State Defendants demand that judgment be entered in their favor as to all claims and against the plaintiff as to all claims, together with reasonable attorney's fees, costs and such other relief as this Honorable Court deems just and proper.

STATE OF DELAWARE DEPARTMENT OF JUSTICE _/s/ Ophelia M. Waters_______ Ophelia M. Waters, I. D. #3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 Counsel for State Defendants

Dated: March 8, 2007

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CERTIFICATE OF SERVICE I hereby certify that on March 8, 2007, I electronically filed an Answer to the Amended Complaint with the Clerk of Court using CM/ECF. I hereby certify that on March 8, 2007, I have mailed by United States Postal Service, the document to the following non-registered participant: Jack Wolf, SBI#0093532, CVOP, P.O. Box 5003, Smyrna, DE 19977.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 [email protected]