Free Answer to Complaint - District Court of Arizona - Arizona

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TERRY GODDARD ATTORNEY GENERAL PAUL E. CARTER (014140) Assistant Attorney General 177 N. Church Avenue, Suite 1105 Tucson, AZ 85701-1114 (520) 388-7128 Fax (520) 628-6050 [email protected] Attorneys for State Defendants IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA BARRY NORTHCROSS PATTERSON, Plaintiff, v. DORA SCHRIRO, et al. Defendants. ANSWER TO AMENDED COMPLAINT FOR DEFENDANT MARTINEZ (Jury Trial Demanded) No. CV 03-2178-PHX-PGR (MHB)

Defendant A. Martinez answers Plaintiff's Amended Complaint as follows. A. JURISDICTION 1. Answering ¶ A(1), Defendant lacks knowledge or information sufficient to

form a belief as to whether the Court has jurisdiction over this action due to Plaintiff's failure to exhaust his administrative remedies. 2. Answering ¶ A(2 and 6), Defendant denies Plaintiff's address or that she

violated his constitutional or any other legal rights and admits that she was employed by the Arizona Department of Corrections in or about December 2003. B. PREVIOUS LAWSUITS 3. Defendant lacks knowledge or information sufficient to form a belief as to the

allegations of ¶ B.

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C. CAUSE OF ACTION COUNT VI Answering Count VI, ¶ C(1), Defendant denies that she violated Plaintiff's

constitutional or other federal civil rights. 5. Answering Count VI, ¶ C(2), Defendant denies that she violated Plaintiff's

purported First Amendment right to send mail. 6. 7. 8. Answering Count VI, ¶ C(3), Defendant denies all material allegations therein. Answering Count VI, ¶ C(4), Defendant denies that she injured Plaintiff. Answering Count VI, ¶ C(5), Defendant denies that Plaintiff has exhausted his

administrative remedies. 9. Any allegation of Plaintiff's Complaint which is not specifically admitted is

Defendant affirmatively alleges that Plaintiff has failed to exhaust his

administrative remedies. 11. Defendant further affirmatively alleges that Plaintiff is not entitled to

injunctive relief as against her. 12. As and for affirmative defenses, Defendant alleges as follows: (a) (b) (c) (d) (e) (f) lack of jurisdiction over the subject matter; failure to exhaust administrative remedies; failure to state a claim upon which relief can be granted; Eleventh Amendment immunity; qualified immunity; any other affirmative defenses recognized or authorized under Rule

8(c), Fed. R. Civ. Pro.; and any and all privileges, defenses and immunities under statute and common law which may be found applicable during the course of discovery. 2

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WHEREFORE, Defendant A. Martinez respectfully requests that the Court enter its Order and Judgment dismissing Plaintiff's Complaint with prejudice, as well as granting her costs of defense and attorney's fees pursuant to 42 U.S.C. § 1988, and such other and further relief as to the Court seems just and proper. RESPECTFULLY SUBMITTED this 7th day of August, 2007. TERRY GODDARD ATTORNEY GENERAL

s/Paul E. Carter PAUL E. CARTER Assistant Attorney General Attorneys for State Defendants Copy of the foregoing mailed this 7th day of August, 2007, to: Barry N. Patterson, # 117045 ASPC-Eyman-Meadows Unit P.O. Box 3300 Florence, AZ 85232-3300
IDS04-0498/G2004-21306/33602

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