Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-01202-GMS

Document 50

Filed 01/04/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CHARLES M. ROBINSON, Plaintiff, v. C/O THURMAN STANLEY, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 04-1202-GMS

ANSWER TO COMPLAINT Defendant Thurman Stanley, by and through undersigned counsel, hereby answers the complaint as follows: I.
PREVIOUS LAWSUITS

Defendant Thurman Stanley lacks knowledge or information sufficient to form a belief as to the allegations contained in this paragraph, and therefore deny same.
II. EXHAUSTION OF ADMINISTRATIVE REMEDIES

A.

There is a prisoner grievance procedure available at the Delaware Correctional

Center at all times relevant to the complaint. B. Plaintiff did not fully exhaust the available administrative remedies regarding the

claim raised in the complaint. C. Defendant Thurman Stanley lacks knowledge or information sufficient to form a

belief as to the allegation that Plaintiff filed several grievances on this officer with no response from the grievance department and therefore deny same. III.
PARTIES

Case 1:04-cv-01202-GMS

Document 50

Filed 01/04/2007

Page 2 of 5

A.

Plaintiff Charles Robinson is a prisoner in the custody of the Delaware

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

B.

Defendant Thurman Stanley is currently a correctional officer at the Delaware

Correctional Center, Smyrna, DE.
IV. STATEMENT OF CLAIM

1.

"Since the beginning of July, 2004, a C/O: Thurman Stanley has been making

very racial comments towards me reguarding (sic) my religion, and also been making sexual advances towards me, and also making sexual comments to me."
ANSWER:

Thurman Stanley denies that he made either racial, religious or sexual

comments and/or advances to plaintiff. 2. "I have reported these actions through the grievance procedure on many different

occaisions (sic), and also reported it to his supervisors, with no action by either procedure."
ANSWER:

Denied.

3.

"Since me writing him up and him becoming aware of it, he has become

threatening, physically abusive, mentally abusive, harassing, and down right vindictive towards me in any way he can."
ANSWER:

Denied.

4.

"I have many witnesses to these actions, which want to remain nameless until the

proper time because of fear of retaliation from defendants. . ."
ANSWER:

It is specifically denied that Thurman Stanley took actions that constituted

Case 1:04-cv-01202-GMS

Document 50

Filed 01/04/2007

Page 3 of 5

threats, harassment, or abuse, either physically or mentally, against plaintiff for any reason. By way of further answer, Thurman Stanley is without knowledge or information sufficient to form a belief as to the remaining allegation, therefore he denies same. 5. As to any claim that Thurman Stanley took adverse action against plaintiff in

retaliation for his exercising his right to file grievances, Stanley denies the allegations.
V. RELIEF REQUESTED

6.

Thurman Stanley denies that plaintiff is entitled to the relief that he seeks in his

complaint.
AFFIRMATIVE DEFENSES

7. 8.

Plaintiff failed to exhaust his administrative remedies. Plaintiff's suit for monetary damages against Thurman Stanley as set forth in

paragraph V is barred by the Eleventh Amendment to the United States Constitution. 9. Plaintiff failed to show that Thurman Stanley is liable for alleged constitutional

deprivations in the absence of Thurman Stanley's personal involvement in conduct sufficient to constitute an adverse action in retaliation for plaintiff's grievances. 10. Thurman Stanley can prove that a suit imposing § 1983 liability against him on

the basis of retaliatory conduct must fail, because Thurman's action, if any, was taken for legitimate penological interests. 11. To the extent of actual involvement by Thurman Stanley, he acted in good faith,

as a state officer, or as an individual in all actions which relate to the plaintiff, and therefore, is immune from all claims alleged in plaintiff's complaint.
WHEREFORE,

Defendant Thurman Stanley, demands that judgment be entered in

his favor and against the plaintiff, and that he be awarded attorney's fees and costs.

Case 1:04-cv-01202-GMS

Document 50

Filed 01/04/2007

Page 4 of 5

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 Thurman Stanley Dated: January 4, 2007

Case 1:04-cv-01202-GMS

Document 50

Filed 01/04/2007

Page 5 of 5

CERTIFICATE OF SERVICE I hereby certify that on January 4, 2007, I electronically filed Answer to Complaint with the Clerk of Court using CM/ECF. I hereby certify that on January 4, 2007, I have mailed by United States Postal Service, the document to the following nonregistered party: Charles Robinson, Inmate, Delaware Correctional Center, 1181 Paddock Road, Smyrna, DE 19977.

/s/ Ophelia M. Waters Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]