Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv—00845-G|\/IS Document 18 Filed 08/08/2008 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
JEFFREY L. GRUWELL, :
Plaintiff, C.A. N0. 07-845 GMS
CORRECTIONAL MEDICAL SERVICES, INC.
Defendant.
DEFENDANT CORRECTIONAL MEDICAL SERVICES, lNC’S
ANSWER TO COMPLAINT
Defendant Correctional Medical Services, Inc. ("CMS"), by and through its
undersigned counsel, for its Answer to Plaintiffs Complaint (D.I. 2), states as follows:
To the extent the allegations of Plaintiffs Amended Complaint constitute legal
conclusions, no response is required. To the extent the factual allegations of Plaintiffs
Amended Complaint are consistent with his medical records, they are admitted; otherwise
they are denied. CMS is without information or knowledge sufficient to form a belief as
to the truth or falsity of allegations regarding statements or actions of third parties outside
of its presence, and so such allegations are denied. CMS denies that it established any
policy or custom of deliberate indifference to any serious medical need, that any of its
employees or agents was deliberately indifferent to any serious medical need or that it
violated the Plaintiffs civil rights in any manner. CMS also denies that it was negligent
in any manner proximately causing injury to the Plaintiff
ADDITIONAL DEF EN SES
l. Plaintiff fails to state a claim upon which relief can be granted.

Case 1 :07-cv—00845-GIVIS Document 18 Filed 08/08/2008 Page 2 of 3
2. Answering Defendant was not deliberately indifferent to any serious medical
need.
3. Plaintiff fails to state a claim against Answering Defendant for medical
negligence.
4. To the extent Plaintiff states a claim for medical negligence, such claim is barred
by Plaintiffs failure timely to file, or seek an extension to file, an affidavit of merit
pursuant to 18 De/. C. § 6853.
5. Plaintiff s claims are barred by the statute of limitations.
6. Answering Defendant was not acting under color of State or Federal law.
7. Plaintiff fails adequately to plead a claim for punitive damages.
8. Answering Defendant provided Plaintiff with medical care that was appropriate
and adequate for his conditions and which met the applicable standard of care.
9. Answering Defendant, at all times material to the allegations in the Amended
Complaint, acted in good faith and with the reasonable belief both objective and
subjective, that its actions were lawful and not in violation of the rights of Plaintiff under
the Constitution and laws of the United States and/or the State of Delaware.
10. Answering Defendant is entitled to good faith immunity.
11. Plaintiffs claims may be barred or limited by the provisions in the United States
Civil Rights Act, as discovery may show.
12. Plaintiff’ s claims may otherwise be barred by 28 U.S.C. §1915.
13. Plaintiffs claims may be barred or limited by contributory/comparative
negligence.
14. Plaintiff failed to mitigate his damages.
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15. CMS had no policy or custom demonstrating deliberate indifference to Plaintiffs
alleged serious medical need.
16. Answering Defendant CMS is immune from liability under State law through the
State Tort Claims Act, 10 Del. C. § 4001, et seq.
17. Plaintiffs claims against CMS pursuant to 42 U.S.C. § 1983 are or may be barred
by the inapplicability of the doctrine of respondeat superior.
18. Plaintiffs injuries, if any, were the proximate result of acts or omissions by
persons over whom CMS had no authority or control.
19. Plaintiffs injuries, if any, were the result of a superseding, intervening act or
omission by an individual over whom CMS had no control or authority.
20. Plaintiffs claims are barred by failure of service, by failure of service of process,
lack of subject matter and/or personal jurisdiction.
21. Plaintiff failed to exhaust his administrative remedies prior to tiling suit.
22. Answering Defendant reserves the right to assert additional defenses in the future
to the extent warranted by discovery.
WHEREFORE, Answering Defendant Correctional Medical Services, Inc. respectfully
requests entry of judgment in its favor and against Plaintiff together with costs and
attorneys’ fees and such other relief as this Honorable Court deems just and appropriate.
BALICK & BALICK, LLC
/s/ James E. Drnec
James E. Drnec, Esquire (#3 789)
711 King Street
Wilmington, Delaware 19801
3026584265
Attorneys for Defendant
Correctional Medical Services, Inc.
Date: August 7, 2008
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