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

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Gary A. Fadell ­ 005879 Gabriel V. Kory - 022536

FADELL, CHENEY & BURT, P.L.L.C. 1601 North Seventh Street, Suite 400 Phoenix, Arizona 85006
Telephone: (602) 257-5601 E-mail: [email protected]

Attorneys for Defendant Lizarraga IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Jay Jeffers, Jr., Plaintiff vs. Officer Ortega; Corporal Williams; Officer Spurlock; and Dario Lizarraga, M.D. Defendants Defendant Dario Lizarraga, M.D., for his answer to Plaintiff's First Amended Complaint admits, denies and states as follows: JURISDICTION I. Defendant Lizarraga admits the allegations contained in this paragraph. II. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. No. CV 2004-0572-PHX-MHM (MS) DEFENDANT DARIO LIZARRAGA, M.D.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

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III. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. IV. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. V. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. VI. Defendant Lizarraga admits that he provided medical services to inmates at the Pinal County Jail. As to the remaining allegations contained in this paragraph, Defendant Lizarraga denies each and every one of them and demands strict proof thereof. PREVIOUS LAWSUITS I. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same.

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II. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. III. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. IV. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. CAUSE OF ACTION COUNT I. I. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. II. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same.
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III. Defendant Lizarraga denies each and every allegation as set forth in this Count and demands strict proof thereof. IV. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. V. Defendant Lizarraga is without sufficient information to assess the truthfulness of the allegations contained in this paragraph and denies the same. GENERAL DENIAL Defendant Lizarraga denies each and every allegation as set forth in Plaintiff's Amended Complaint unless heretofore specifically admitted. AFFIRMATIVE DEFENSES I. As a separate defense and in the alternative, Defendant Lizarraga alleges that Plaintiff's First Amended Complaint is barred by the applicable statute of limitations.

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II. As a separate defense and in the alternative, Defendant Lizarraga alleges that Plaintiff's First Amended Complaint fails to state a claim upon which relief may be granted. IV. As a separate defense, and in the alternative, Defendant Lizarraga alleges that no constitutional rights of the Plaintiff were violated by this Defendant. V. As a separate defense, and in the alternative, Defendant Lizarraga alleges that he did not breach any duty to Plaintiff or proximately cause any injury or damages to him. VI. As a separate defense, and in the alternative, Defendant Lizarraga alleges that he is entitled to all privileges and immunities extended to government entities and employees under the Federal and State law, including qualified immunity under Hunter v. Bryant, 112 S. Ct. 534 (1991). VII. As a separate defense, and in the alternative, Defendant Lizarraga alleges that he

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did not act with deliberate indifference to Plaintiff's constitutional rights. VIII. Defendant Lizarraga puts Plaintiff on notice that further affirmative defenses may be added in an amended answer after discovery. These defenses may include any defense set forth in Rule 8(d) and or Rule 12(b), Federal Rules of Civil Procedure, or as otherwise allowed by law. WHEREFORE, having fully answered Plaintiff's First Amended Complaint, Defendant Lizarraga prays that the same be dismissed and that they be granted judgment along with their costs incurred.

DATED this 20th day of September, 2005. FADELL, CHENEY & BURT, P.L.L.C. By s/Gabriel V. Kory Gary A. Fadell Gabriel V. Kory 1601 North Seventh Street, Suite 400 Phoenix, Arizona 85006 Attorneys for Defendant Lizarraga

Electronically filed and served this 20th day of September, 2005, to: ALL PARTIES ON SERVICE LIST ELECTRONIC

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Copy mailed on the 21st day of September, 2005, to:

The Honorable Mary H. Murguia United States District Court 4 Sandra Day O'Conno r U.S. Courthouse, Suite 525 5 401 West Washington Street, SPC 53 6 Phoenix, Arizona 85003-2154 Jay Jeffers Pinal County Adult Detention Center 9 P.O. Box 2610 Florence, Arizona 85232 10 Plaintiff Pro Per
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By

s/ Liz Sheaffer

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