Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:07-cv-00517-LPS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) Plaintiff, ) ) v. ) ) STANLEY W. TAYLOR, individually; ) RAPHAEL WILLIAMS, individually; ) SITTA B. GOMBEH-ALIE, M.D., individually; ) MUHAMMAD ARIF NIAZ, M.D., individually; ) CORRECTIONAL MEDICAL SERVICES, INC; ) CORRECTIONAL MEDICAL SERVICES OF DE, ) INC., JOHN DOE MEDICAL PERSONNEL; and ) JOHN DOE CORRECTIONAL PERSONNEL, ) ) Defendants. ) DARYL J. CARTER,

C. A. No. 07-00517-SLR JURY TRIAL DEMANDED

ANSWER TO COMPLAINT Defendant Williams, by and through undersigned counsel hereby answers the complaint as follows: 1. 2. 3. 4. Denied. Denied. Denied. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 5. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph.

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6.

After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 7. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 8. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 9. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 10. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 11. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 12. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 13. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this

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paragraph. 14. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 15. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 16. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 17. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 18. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 19. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 20. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 21. After reasonable investigation, Answering Defendant is without sufficient

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knowledge or information to form a belief as to the truth of allegations in this paragraph. 22. 23. Denied. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 24. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 25. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 26. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 27. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 28. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 29. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this

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paragraph. 30. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 31. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 32. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 33. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 34. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 35. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 36. herein. 37. This paragraph alleges a legal argument to which no response is required. To Answering Defendant restates the answers in paragraphs 1 thru 35 as set forth

the extent a response is required, answering defendant denies same.

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38.

This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 39. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 40. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 41. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 42. herein. 43. After reasonable investigation, Answering Defendant is without sufficient Answering Defendant restates the answers in paragraphs 1 thru 41 as set forth

knowledge or information to form a belief as to the truth of allegations in this paragraph. 44. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 45. herein. 46. 47. 48. 49. 50. 51. Denied. Denied. Denied. Denied. Denied. Denied. Answering Defendant restates the answers in paragraphs 1 thru 44 as set forth

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52. 53. 54. herein. 55.

Denied. Denied. Answering Defendant restates the answers in paragraphs 1 thru 53 as set forth

This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 56. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 57. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 58. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 59. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 60. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 61. herein. 62. This paragraph alleges a legal argument to which no response is required. To Answering Defendant restates the answers in paragraphs 1 thru 60 as set forth

the extent a response is required, answering defendant denies same. 63. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 64. This paragraph alleges a legal argument to which no response is required. To

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the extent a response is required, answering defendant denies same. 65. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 66. herein. 67. After reasonable investigation, Answering Defendant is without sufficient Answering Defendant restates the answers in paragraphs 1 thru 65 as set forth

knowledge or information to form a belief as to the truth of allegations in this paragraph. 68. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 69. After reasonable investigation, Answering Defendant is without sufficient

knowledge or information to form a belief as to the truth of allegations in this paragraph. 70. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 71. This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. 72. herein. 73. After reasonable investigation, Answering Defendant is without sufficient Answering Defendant restates the answers in paragraphs 1 thru 71 as set forth

knowledge or information to form a belief as to the truth of allegations in this paragraph.

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74.

This paragraph alleges a legal argument to which no response is required. To

the extent a response is required, answering defendant denies same. RELIEF 75. It is specifically denied that Plaintiff is entitled to compensatory damages,

general damages or special damages.

76.

It is specifically denied that Plaintiff is entitled to any other relief.

AFFIRMATIVE DEFENSE 77. 78. 79. Plaintiff's Complaint fails to state a claim upon which relief may be granted. Plaintiff failed to exhaust his administrative remedies. Defendant Williams is immune from liability under the Eleventh

Amendment. 80. 81. Defendant Williams is entitled to qualified immunity. As to any claims under state law, Defendant Williams is entitled to immunity

under the State Torts Claims Act, 10 Del. C. § 4001 et seq. 82. As to claims under state law, Defendant is entitled to sovereign immunity in

his official capacity. 83. Defendant Williams cannot be held liable in the absence of personal

involvement for the alleged constitutional deprivations. 84. To the extent that Plaintiff seeks to hold Defendant Williams liable based on

supervisory responsibilities, the doctrine of respondeat superior or vicarious liability is not a basis for liability in an action under 42 U.S.C. § 1983.

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85.

Defendant Williams, in his official capacity, is not liable for alleged violations

of plaintiff's constitutional rights as he is not a "person" within the meaning of 42 U.S.C. § 1983. 86. 87. 88. 89. 90. Plaintiff acted at all times with contributory negligence. Plaintiff at all times assumed the risk. This action is barred by the applicable statute of limitations. Any injury sustained by plaintiff resulted from a superseding cause. Plaintiff's Complaint, to the extent that it seeks punitive damages, fails to state

a cause of action supporting the punitive damages claim. Wherefore, Defendant Williams demands that judgment be entered in his favor as to all claims and against the plaintiff as to all claims, and attorney's fees and costs be awarded to defendant. 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: October 16, 2007 Attorney for Defendant Williams

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CERTIFICATE OF SERVICE I hereby certify that on October 16, 2007, I electronically filed Answer to Complaint with the Clerk of Court using CM/ECF which will send notification of such filing to the following: Michael L. Sensor, Esquire.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 [email protected]