Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-01308-KAJ

Document 26

Filed 06/23/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE CORNELIUS HARLEY Plaintiff, v. WARDEN RAPHAEL WILLIAMS and C/O CANNON Defendants. ) ) ) ) ) ) ) ) ) )

C.A. No.04-1308-KAJ Trial Jury Demanded

DEFENDANT CANNON'S ANSWER TO COMPLAINT Defendant Cannon, by and through undersigned counsel and pursuant to Federal Rules of Civil Procedure Rules 8(b) & (c), hereby answers the Complaint as follows; unless specifically admitted herein, all allegations made in the Complaint are generally and categorically denied, and although plaintiff has failed to provide allegations in numbered paragraphs, defendant will respond by numbered paragraphs as appropriate: 1. Admitted that the defendant Mark Cannon Sr., is a correctional officer

employed by the Delaware Department of Correction. At all relevant times Officer Canon was assigned to the Howard R. Young Correctional Institution a/k/a Gander Hill, Wilmington, Delaware. 2. Admitted that at all times relevant to this complaint plaintiff was, and

remains incarcerated at Gander Hill prison. Admitted that at all times relevant plaintiff was housed on the 1 Delta pod at HRYCI. Defendant further admits that during the relevant time period of the actions giving rise to the complaint, C/O Cannon supervised

Case 1:04-cv-01308-KAJ

Document 26

Filed 06/23/2005

Page 2 of 4

the inmates housed on the 1 Delta pod at HRYCI. 3. Defendant is without knowledge or information sufficient to admit

allegations concerning plaintiff's medical history or course of treatment and medication prescribed. 4. Admitted that at all times during the course of inmate supervision, among

other duties, defendant was responsible for opening and closing inmate cell doors. It is further admitted, during inmate tier supervision defendant announced over the intercom to all inmates on the tier that cells would be opened at 30-minute intervals on every hour. 5. Denied that defendant ordered plaintiff to lock-in his cell for

approximately four and one-half hours on or about August 17, 2004, as punishment for using the bathroom. 6. Defendant Cannon is without knowledge or information sufficient to

admit whether or when a Transition Unit Coordinator came to plaintiff's cell or that she talked to defendant concerning the plaintiff. By way of further answer, this averment is denied and strict proof thereof is demanded. 7. Denied as a legal conclusion that defendant acted with gross or wanton

negligence during his supervision of inmate plaintiff. 8. Denied as a legal conclusion that defendant engaged in cruel and unusual

punishment in connection with the supervision of plaintiff on 1 Delta Pod as alleged in plaintiff's complaint. 9. Denied as a legal conclusion that defendant acted with deliberate

indifference to plaintiff's health and safety needs. RELIEF REQUESTED

Case 1:04-cv-01308-KAJ

Document 26

Filed 06/23/2005

Page 3 of 4

Denied that Plaintiff is entitled to any monetary or equitable relief AFFIRMATIVE DEFENSES 1. 2. 3. 4. 5. This action and all claims are barred by Eleventh Amendment immunity. The Defendant is entitled to qualified immunity. This action fails to state a claim upon which relief can be granted. The Plaintiff has failed to exhaust his administrative remedies. As to any claims under state law, the Defendant is entitled to immunity under the State Tort Claims Act, 10 Del. C. § 4001 et seq. 6. As to any claims under State law, the Defendant is entitled to sovereign immunity in his official capacity. 7. 8. 9. Negligence is not a cognizable cause of action under 42 U.S.C. § 1983. The Plaintiff's claims are barred by his contributory negligence. The Plaintiff has failed to make proper service of process on defendant, state officer, in accordance with state law procedures. WHEREFORE, Defendant Cannon requests this Honorable Court to enter an Order dismissing the Complaint with prejudice as to all claims and finding against plaintiff and in favor of defendant, and assessing reasonable attorney s fees and costs for this action. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, ID#3879 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577- 8400 [email protected]

Dated: June 23, 2005

Case 1:04-cv-01308-KAJ

Document 26

Filed 06/23/2005

Page 4 of 4

CERTIFICATE OF MAILING AND/OR DELIVERY
The undersigned certifies that on June 23, 2005, she caused the attached Answer to be delivered to the following person(s) in the form and manner indicated:

NAME AND ADDRESS OF RECIPIENT(S): Cornelius Harley, Inmate SBI#00117751 Howard R. Young Correctional Facility (Gander Hill) 1301 East 12th Street Wilmington, De 19809

MANNER OF DELIVERY: _____ One true copy by facsimile transmission to each recipient. X Two true copies by first class mail, postage prepaid, to each recipient.

_____ Two true copies by Federal Express. _____ Two true copies by hand delivery to each recipient.

/s/ Ophelia M. Waters Ophelia M. Waters, ID#3879 Deputy Attorney General Attorney for Defendant Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 [email protected]