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

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ANDREW P. THOMAS MARICOPA COUNTY ATTORNEY By: JOSEPH I. VIGIL State Bar No. 018677 Deputy County Attorney MCAO Firm No. 00032000 REBECCA SALISBURY State Bar No. 022006 Deputy County Attorney MCAO Firm No. 00032000 CIVIL DIVISION Security Center Building 222 North Central Avenue, Suite 1100 Phoenix, Arizona 85004-2206 Telephone (602) 506-8541 Attorneys for Defendant Riddle

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IN THE UNITED STATES DISTRICT COURT 12 FOR THE DISTRICT OF ARIZONA 13 Nathaniel Hearn 14 Plaintiff, 15 v. 16 Sgt. Riddle, 17 Defendants. 18 19 20 21 22 Sgt. Riddle, by and through undersigned counsel, hereby Answers Plaintiff's Complaint and admits, denies and alleges as follows: ... ...
Document 211 Filed 06/09/2006 Page 1 of 4

NO. CV03-1924-PHX-MHM (MEA) ANSWER OF SGT. RIDDLE TO FIRST AMENDED COMPLAINT

Case 2:03-cv-01924-MHM-MEA

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A. JURISDICTION Admits that this case has been filed a 42 U.S.C. § 1983 claim and this

Court has jurisdiction as alleged. 2. Admit that Plaintiff was an inmate at the Madison Street Jail. Allege that

he is now residing in the Arizona Department of Corrections. 3. As to all listed Defendants, Defendant does not have to admit or deny the

allegations to any of them as they have been dismissed from the lawsuit. However, Sgt. Riddle admits that he was a Sergeant at the Madison Street Jail at the time relevant to this matter. B. PREVIOUS LAWSUITS Defendant is aware that Plaintiff has filed prior lawsuits as alleged; however, Defendant is without sufficient information as to how many lawsuits he has filed and against whom they were filed. C. CAUSE OF ACTION As to Counts I through IX, Defendant asserts that an answer is not required because the Court has dismissed all of these Counts pursuant to its Order dated March 16, 2006. As to Count X, Defendant denies that he or D.O. Glee solicited an inmate to assault Plaintiff. Defendant admits, upon information and belief that Plaintiff has filed numerous grievances and one of those can be the grievance he claims to have filed, along with an affidavit. However, Defendant denies that he in any

way retaliated against Plaintiff for filing a grievance. Case 2:03-cv-01924-MHM-MEA Document 212 Filed 06/09/2006

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As to the alleged injuries enumerated by Plaintiff in Count X, Defendant is without knowledge or information as to the alleged injuries that are being claimed by Plaintiff. Defendant asserts that he did not retaliate against Plaintiff for filing any grievance. As to Plaintiff's claim that he exhausted his administrative remedies, Defendant admits that he exhausted his remedies. D. REQUESTED RELIEF Defendant denies that Plaintiff is entitled to any of the relief being requested. AFFIRMATIVE DEFENSES Defendants deny each and every allegation not specifically admitted

herein. 2. Defendant asserts that Plaintiff cannot maintain his claim as he has not

proven actual physical damages as required under the Prison Litigation Reform Act, 42 U.S.C. §1997e(e). 3. 4. Defendant asserts that they are entitled to qualified immunity. Defendant asserts that any injuries claimed by Plaintiff were caused by

someone other than this answering Defendant. ... ... ... ...
Document 213 Filed 06/09/2006 Page 3 of 4

Case 2:03-cv-01924-MHM-MEA

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Defendant alleges all affirmative defenses listed in Rule 8(c) of the Federal

Rules of Civil Procedure. RESPECTFULLY SUBMITTED this ___9th____ day of June 2006. ANDREW P. THOMAS MARICOPA COUNTY ATTORNEY

BY: 7 8 9 10 and copies mailed to: 11 12 13 14 15 16 17 18 19 20 21 22 s/Jill Lafornara
Document 214

s/Joseph I. Vigil JOSEPH I. VIGIL REBECCA SALISBURY Attorneys for Sgt. Riddle

ORIGINAL of the foregoing E-FILED this ___9th___ day of June 2006:

Honorable Mary H. Murgia United States District Court Judge Sandra Day O'Connor U.S. Courthouse 401 West Washington Street Phoenix, AZ 85003 Honorable Mark E. Aspey United States District Court 123 North San Francisco Street, Ste 200 Flagstaff, AZ 86001 and copy mailed to: Nathaniel Hearn, 6615 ASPC Florence ­ MU Meadows Unit ­ Eyman P.O. Box 3300 Florence, AZ 85232 Plaintiff Pro Per

Case 2:03-cv-01924-MHM-MEA

Filed 06/09/2006

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