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

1 ANDREW P. THOMAS
MARICOPA COUNTY ATTORNEY
2
By: MICHAEL J. MASSEE
3 State Bar No. 015901
JOSEPH VIGIL
4 State Bar No. 018677
Deputy County Attorneys
5 MCAO Firm No. 00032000
6 CIVIL DIVISION
Security Center Building
7 222 North Central Avenue, Suite 1100
Phoenix, Arizona 85004-2206
8 Telephone (602) 506-8541
Attorneys for Defendant Deputy Jeremy Goad
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IN THE UNITED STATES DISTRICT COURT
10
FOR THE DISTRICT OF ARIZONA
11
12 Ralph Slusher, NO. CV 04-0293-PHX-EAC (MEA)
p|a;mm_ ANSWER OF DEFENDANT
13 v_ DEPUTY GOAD
I4 Maricopa County Sheriffs Office, etal.,
I5 Defendants.
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17
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19 Defendant Deputy "J. T. GoaIs," whose true name is Jeremy Goad,
20 hereby answers the allegations of Count II of the Complaint as follows:
21 1. Admits that Plaintiff was a passenger transported in a Maricopa
22 County Sheriffs Ofhce van on or about November 19, 2003, and that the van
1
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1 was driven by Deputy Goad, who was acting in the course and scope of his
2 employment with the Maricopa County Sheriffs Ofhce.
3 2. Admits that for security purposes Plaintiff was shackled.
4 3. Admits that there were no seat belts installed in the van and that
5 Plaintiff was not seat—belted.
6 4. Admits that the van in which Plaintiff was a passenger was involved
7 in an extremely low-speed minor mishap that resulted in a minor dent to the van
8 and paint exchange between the van and a cement post.
9 5. Denies that Plaintiff was injured in any way as a result of this
10 mishap.
11 6. Denies that Plaintiff requested of Deputy Goad to be seen by
12 medical personnel; alleges that Plaintiff and other inmates in the van joked
13 about being injured, and when they exited the van they joked about suing the
14 state for a lot of money. _
15 7. Denies that Deputy Goad in any way was deliberately indifferent to
16 Plaintiffs physical needs.
17 8. Denies that Plaintiffs Eighth Amendment rights were in any way
18 violated.
19 9. Denies each and every allegation of the Complaint not specifically
20 admitted herein.
21 AFFIRMATIVE DEFENSES
22 As and for its affirmative defenses, Defendant alleges failure to state a
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1 claim upon which relief can be granted, improper parties, accord and
2 satisfaction, arbitration and award, assumption of risk, estoppel, Iaches, release
3 and waiver. Moreover, Defendant reserves the right to assert additional
4 defenses as discovery proceeds in this matter.
5 WHEREFORE, Defendant Deputy Jeremy Goad respectfully requests this
6 action be dismissed in its entirety with Plaintiff taking nothing thereby; that
7 Plaintiff be ordered to pay the costs incurred herein; and that the Court grant
8 such other and further relief as it deems appropriate.
9 DATED this 27th day of December 2005.
10 ANDREW P. THOMAS
MARICOPA COUNTY ATTORNEY
1 1 · `
12
13 BY: s/Michael J. Massee
MICHAEL J. MASSEE
14 JOSEPH VIGIL
Deputy County Attorneys
15 Attorneys for Defendant
Deputy Goad
16
17
18 ORIGINAL of the foregoing E-FILED
And copy MAILED this 27* day of
19 December 2005, to:
20 Honorable Earl H. Carroll
United States District Judge
21 Sandra Day O’Connor U.S. Courthouse, Suite 521
401 West Washington Street, SPC 48
22 Phoenix, Arizona 85003
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1 Honorable Mark E. Aspey
United States Magistrate Judge
` 2 123 North San Francisco Street, Suite 200
Flagstaff, Arizona 86001
3
Ralph Slusher, #184486
4 Arizona State Prison
Gila Unit 1
5 P.O. Box 5003
Douglas, Arizona 85608
6 Plaintiff Pro Per
7
s/Martha Estrella
8 CJ 05-480
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