Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00641-GMS

Document 12

Filed 04/11/2008

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE NINA SHAHIN, Plaintiff, v. STATE OF DELAWARE, and DEPARTMENT OF TRANSPORTATION, Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No. 07-641 GMS

ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANTS STATE OF DELAWARE AND DEPARTMENT OF TRANSPORTATION TO PLAINTIFF'S COMPLAINT NOW COME Defendants the State of Delaware and the Department of Transportation ("State Defendants") by and through undersigned counsel, and hereby Answer the Complaint and state: 1. 2. Paragraph No. 1 calls for a legal conclusion to which no response is required. State Defendants are without sufficient information or knowledge on which to form a

belief as to the truth of the allegations in paragraph no. 2 and therefore deny same. 3. Admitted only that the principal place of business for State Defendant Department of

Transportation is located at 800 Bay Road, Dover, Delaware 19901. 4. State Defendants are without sufficient information or knowledge on which to form a

belief as to the truth of the allegations in paragraph no. 4 and therefore deny same. 5. State Defendants are without sufficient information or knowledge on which to form a

belief as to the truth of the allegations in paragraph no. 5 and therefore deny same. 6. State Defendants are without sufficient information or knowledge on which to form a

belief as to the truth of the allegations in paragraph no. 6 and therefore deny same.

Case 1:07-cv-00641-GMS

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Filed 04/11/2008

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7. 8.

Paragraph No. 7 is a statement to which no response is required. State Defendants are without sufficient information or knowledge on which to form a

belief as to the truth of the allegations in paragraph no. 8 and therefore deny same. 9. Admitted only that Plaintiff applied for, but was not interviewed for, the position of

Accountant at the Department of Transportation in 2006, and that she was not offered the position. The remainder of the averment is denied. She failed repeatedly to respond to calls for an interview. The Department interviewed others for the position, and made its selection from those who responded to the interview requests. 10. 11. Denied as alleged. Paragraph No. 11 is a request for relief by Plaintiff to which no response is required. FIRST AFFIRMATIVE DEFENSE 12. Plaintiff lacks standing to raise the claim alleged and/or lacks injury in fact. SECOND AFFIRMATIVE DEFENSE 13. The Complaint fails to state any claim upon which relief sought may be granted. THIRD AFFIRMATIVE DEFENSE 14. Plaintiff failed to exhaust her administrative remedies. FOURTH AFFIRMATIVE DEFENSE 15. This Court lacks jurisdiction over the subject matter of Plaintiff's action. FIFTH AFFIRMATIVE DEFENSE 16. Plaintiff has no property interest or other right that is subject to protection in this action. SIXTH AFFIRMATIVE DEFENSE 17. Plaintiff's claims are barred by sovereign immunity.

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SEVENTH AFFIRMATIVE DEFENSE 18. Plaintiff's claims are barred by Eleventh Amendment immunity. EIGHTH AFFIRMATIVE DEFENSE 19. Plaintiff's claims are barred by absolute immunity or qualified immunity. NINTH AFFIRMATIVE DEFENSE 20. Plaintiff's claims are not ripe for adjudication. WHEREFORE, State Defendants pray that: 1. 2. be entitled. Respectfully submitted, STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Frederick H. Schranck Frederick H. Schranck (DE I.D. #925) Deputy Attorney General 800 Bay Rd., P.O. Box 778 Dover, DE 19903 (302) 760-2020 /s/ Laura L. Gerard Laura L. Gerard (DE I.D. #3202) Deputy Attorney General 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorneys for State of Delaware and Department of Transportation Dated: April 11, 2008 Plaintiff's case be dismissed in its entirety; State Defendants recover and receive any and all other relief to which they may

Case 1:07-cv-00641-GMS

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CERTIFICATE OF SERVICE I hereby certify that on 4/11/2008, I electronically filed the attached Answer and Affirmative Defenses of State Defendants State of Delaware, Department of Transportation to Plaintiff's Complaint, with the Clerk of Court using CM/ECF and mailed by United States Postal Service, the document(s) to the following non-registered participants: By U.S. Mail, first class (2 copies): Ms. Nina Shahin 103 Shinnecock Rd. Dover, DE 19904

/s/ Laura L. Gerard Laura L. Gerard (DE I.D. #3202) Deputy Attorney General 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for State of Delaware and Department of Transportation Dated: April 11, 2008