Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-01205-SLR

Document 54

Filed 12/07/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
JEFFERY ALONZO SIMMS, Plaintiff, v. DONNA BURNS, HARRY M. FREEMAN, M.D., and MAJOR R.L. HUGHES, Defendants. ) ) ) ) ) ) ) ) ) ) )

C. A. No. 04-1205-SLR

ANSWER The defendant Hughes responds as follows to the allegations set forth in the plaintiff's complaint form. 1. Admitted that Major Hughes is responsible to oversee operations of the

Delaware State Police in Kent and Sussex Counties, and was so assigned on August 24, 2004. 2. Denied that Major Hughes had any role in the emergency medical

treatment or surgery allegedly performed on the plaintiff on August 24, 2004. 3. Denied that Major Hughes had any role in the alleged injury or

disfigurement of the plaintiff on August 24, 2004. AFFIRMATIVE DEFENSES 4. 5. The Complaint fails to state a claim upon which relief can be granted. Plaintiff's cause of action is barred by the applicable statute of limitations.

Case 1:04-cv-01205-SLR

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6. 7.

Major Hughes is immune from liability. The plaintiff has failed to perfect service on Major Hughes.

Wherefore, the defendant asks that the Complaint be dismissed, with prejudice, and all costs assessed to the plaintiff. _/s/ Ralph K. Durstein III__________ Ralph K. Durstein III (ID# 912) Deputy Attorney General 820 N. French Street Wilmington, DE 19801 (302)577-8510 [email protected]

Dated December 7, 2005

Case 1:04-cv-01205-SLR

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Filed 12/07/2005

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE JEFFREY ALONZO SIMMS, Plaintiff, v. DONNA BURNS, HARRY M. FREEMAN, M.D., and MAJOR R.L. HUGHES, Defendants, ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1205-SLR

CERTIFICATE OF MAILING AND/OR DELIVERY The undersigned certifies that on December 7, 2005, he caused the attached Answer to be electronically filed with the Clerk of Court using CM/ECF which will send notification of such filing to the following: Daniel L. McKenty, Esq. Dana M. Spring, Esq. McCullough & McKenty, P.A. 1225 North King Street, Suite 1100 P.O. Box 397 Wilmington, DE 19899-0397 Jeffrey M. Austin, Esq. Elzufon, Austin, Reardon, Tarlov & Mondell, P.A. 300 Delaware Avenue, Suite 1700 P.O. Box 1630 Wilmington, DE 19899-1630

and via U.S. Mail postage prepaid to the following: Jeffery Alonzo Simms SBI# 198625 Delaware Correctional Center Unit V-Building A-Tier 1181 Paddock Road Smyrna, DE 19977

/s/ Ralph K. Durstein III Ralph K. Durstein III, I.D. #912 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302)577-8400 Attorney for Defendant Hughes