Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:06-cv-00278-SLR

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ESTATE OF WILLIAM J. COX, by Angelia M. Cox, Administrator, Plaintiff, v. THOMAS L. CARROLL, WARDEN, FIRST CORRECTIONAL MEDICAL ­ DELAWARE, LLC, COMMISSIONER STANLEY TAYLOR, JOYCE TALLEY, BUREAU CHIEF, Defendants. : : : : : : : : : : : : : :

C.A.No. 06-278-SLR

ANSWER BY CARROLL & TALLEY Defendants Joyce Talley and Thomas Carroll, by and through their attorney, answer the complaint as follows: 1. 2. This is a legal contention for which no response is required. Answering defendants are without sufficient information to form a

belief to the truth of the paragraph. 3. 4. Admitted. Admitted that First Correctional Medical- Delaware, LLC ["FCM"]

was the health services contractor under a contract between it and the State of Delaware, Department of Correction signed on June 17, 2002. As to the balance of the paragraph, answering defendant is without sufficient information to form a belief to the truth of the paragraph.

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5.

Admitted that Stanley Taylor was the Commissioner of the

Department of Correction and signed the health service contract on the Department's behalf with FCM on or about June 17, 2002. It is denied that Stanley Taylor entered into a contract with FCM. As to the balance of the paragraph the contract documents speak for themselves. 6. Admitted that Joyce Talley is the Bureau Chief for the Bureau of

management services. The Bureau administers the health service contract and other contracts on behalf of the Department of Correction. The balance of the paragraph is denied. 7. Answering defendants are without sufficient information to form a

belief to the truth of the paragraph. 8. Answering defendants are without sufficient information to form a

belief to the truth of the paragraph. 9. Answering defendants are without sufficient information to form a

belief to the truth of the paragraph. 10. Answering defendants are without sufficient information to form a

belief to the truth of the paragraph. 11. Answering defendants are without sufficient information to form a

belief to the truth of the paragraph. 12. 13. 14. Denied. Denied. Denied. -2-

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15. 16. 17. 18. 19.

Denied. Denied. Please see response to No. 14. Denied. Denied. First defense

20.

The complaint, in whole or in part, fails to state claim for which

relief could be granted. Second Defense 21. The Court lacks subject matter jurisdiction pursuant to the Eleventh

Amendment of the U.S. Constitution. Third Defense 22. The Court lacks jurisdiction under Article III, § 2, clause 2 of the

U.S. Constitution. Fourth Defense 23. The complaint should be dismissed, in whole or in part, as plaintiff

failed to properly exhaust his administrative remedies. Fifth Defense 24. The complaint should be dismissed as service of process was

improper or insufficient.

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Sixth Defense 25. The Court lacks personal jurisdiction over defendants and the

complaint should be dismissed. Seventh Defense 26. The matter is in whole, or in part, time barred under the appropriate

statute of limitation, or repose or by some administrative time requirement. Eighth Defense 27. The answering defendants are entitled to official or legislative

immunity and the matter should be dismissed. Ninth Defense 28. Any state law claims are barred by sovereign immunity and/or

subject to further limitations pursuant to 10 Del.C. § 4001 et seq. WHEREFORE, defendants Joyce Talley and Thomas Carroll request the Court grant judgment for all that is just and proper, to include dismissal of this suit with plaintiff to pay all costs, including attorney fees pursuant to 42 USC § 1988. /s/ Marc P. Niedzielski Marc P. Niedzielski Bar I.D. 2616 Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8324 [email protected] Attorney for Talley and Carroll DATED: February 23, 2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ESTATE OF WILLIAM J. COX, Plaintiff, v. THOMAS L. CARROLL, et al., Defendants. : : : : : : : :

C.A.No. 06-278-SLR

CERTIFICATE OF SERVICE I, the undersigned, certify that on the date indicated I electronically served a copy of the attached document on the following: Jeffrey K. Bartels, Esquire 401 South Maryland Ave. Wilmington, DE 19804 [email protected]

/s/ Marc P. Niedzielski Marc P. Niedzielski Bar I.D. 2616 Deputy Attorney General 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8324 [email protected] Attorney for Talley and Carroll DATED: February 23, 2007

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