Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00452-GMS

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Filed 02/19/2008

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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. 07-452 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. 7. Paragraph No. 7 is a statement to which no response is required.

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8.

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 Assistant Director, Financial Management at the Department of Transportation in 2006. Admitted only that Plaintiff's submitted Application for Employment stated Plaintiff had received two Master's degrees and held a CPA license in Pennsylvania. Admitted further only that Plaintiff was rated at a score of 75 based upon information Plaintiff provided in her Application. The remainder of the averment is denied. 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 lack 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. action. SIXTH AFFIRMATIVE DEFENSE 17. Plaintiff's claims are barred by sovereign immunity. Plaintiff has no property interest or other right that is subject to protection in this

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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. Plaintiff's case be dismissed in its entirety; State Defendants recover and receive any and all other relief to which they

may 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 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: February 19, 2008

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CERTIFICATE OF SERVICE I hereby certify that on February 19, 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

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Laura L. Gerard Laura L. Gerard (DE I.D. #3202) Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]