Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00504-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

Adam Wenzke, Plaintiff, v. Correctional Medical Services, et al. Defendants.

) ) ) ) ) ) ) ) )

C.A. No.: 07-504-SLR

DEFENDANT WELCH'S ANSWER TO COMPLAINT Defendant, Jim Welch, (State Defendant), by and through undersigned counsel, hereby answers the Plaintiff's Complaint as follows: I.
PREVIOUS LAWSUITS

State Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore denies same.
II. EXHAUSTION OF ADMINISTRATIVE REMEDIES

A.

There is a prisoner grievance procedure available at the Delaware

Correctional Center at all times relevant to the complaint. B. Plaintiff did not fully exhaust the available administrative remedies

regarding each of the claims raised in the complaint. C. State Defendant lacks knowledge or information sufficient to form a belief

as to the truth of the allegations that Plaintiff wrote two grievances and appeals, and therefore denies same. III.
PARTIES

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A.

Plaintiff, Adam Wenzke, is an inmate incarcerated in the custody of the

Delaware Department of Correction, and currently housed in the Delaware Correctional Center, Smyrna, Delaware. Plaintiff is pro se, and has been granted in forma pauperis status. B. Defendant, Jim Welch, is currently the Health Services Administrator for

the Delaware Department of Correction, Dover, DE. The remaining allegations are not directed toward Defendant Welch, therefore no response is required.
IV. STATEMENT OF CLAIM

1 - 35. To the extent that the allegations are consistent with Plaintiff's medical records, they are admitted. By way of further answer, Defendant Welch is without sufficient knowledge or information to form a belief as to the truth of Plaintiff's allegations for which he has no personal knowledge and involvement, and, therefore, denies same. 36 - 39. As to all remaining factual allegations directed to Defendant Welch, or otherwise admitted, Defendant Welch denies any personal knowledge or involvement with Plaintiff's medical care and treatment.
V. RELIEF SOUGHT

40.

Defendant Welch denies that Plaintiff is entitled to the relief that he seeks

in his complaint. AFFIRMATIVE DEFENSES 41. 42. 43. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff failed to exhaust his administrative remedies. Plaintiff's claims are barred, in whole or in part, by the applicable statute

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of limitations. 44. Plaintiff's suit for monetary damages against State Defendant as set forth

in paragraph V is barred by the Eleventh Amendment to the United States Constitution. 45. Plaintiff failed to show that State Defendant is liable for alleged

constitutional deprivations in the absence of any State Defendant's personal involvement. 46. Plaintiff is barred from suit imposing § 1983 liability against State

Defendant on the basis of a respondeat superior theory. 47. To the extent of actual involvement, State Defendant acted in good faith,

as a state officer, or as an individual in all actions which relate to the Plaintiff, and therefore, is immune from all claims alleged in Plaintiff's complaint. Wherefore, State Defendant, Jim Welch, demands that judgment be entered in his favor as to all claims and against the Plaintiff as to all claims, together with attorneys' fees and such other relief as this Honorable Court deems just and appropriate.

STATE OF DELAWARE DEPARTMENT OF JUSTICE _/s/ Ophelia M. Waters_______ Ophelia M. Waters, I. D. #3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 Counsel for State Defendant Welch Dated: March 25, 2008

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CERTIFICATE OF SERVICE I hereby certify that on March 25, 2008, I electronically filed Defendant Welch's Answer to Complaint with the Clerk of Court using CM/ECF. I hereby certify that on March 25, 2008, I mailed by United States Postal Service, the document to the following non-registered party: Adam Wenzke, pro se SBI# 182595 Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 /s/ Ophelia M. Waters Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]