Free Answer to Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-00618-AVC

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Filed 06/29/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PRISONER CIVIL NO. 3:03CV618 (AVC)(TPS)

JOSE DELVALLE v. JOHN ARMSTRONG, ET AL.

: : :

JUNE 24, 2004

ANSWER AND AFFIRMATIVE DEFENSES 1. Paragraphs 1 and 2, under the heading Parties, are denied as incomplete and/or

inaccurate. 2. 3. 4. 5. 6. 7. 8. Paragraph 3, under the heading Parties, is admitted. Paragraph 4, under the heading Parties, is denied as incomplete and/or inaccurate. Paragraphs 5 and 6, under the heading Parties, are admitted. Paragraph 7, under the heading Parties, is denied as incomplete and/or inaccurate. Paragraph 8, under the heading Parties, is denied as incomplete. Paragraph 1, under the heading Jurisdiction, is denied. Paragraphs 3 through 9, under the heading Claims, are denied as incomplete and/or

inaccurate. 9. 10. 11. 12. 13. 14. Paragraphs 10 through 13, under the heading Claims, are denied. Paragraph 14 is denied as incomplete and/or inaccurate. Paragraph 2, which follows Exhibit B, is denied as incomplete and/or inaccurate. Paragraphs 3 through 14, which follow Exhibit B, are denied. Paragraph 15, which follows Exhibit B, is denied as vague, incomplete and/or inaccurate. Paragraphs 16 and 17, which follow Exhibit B, are denied.

Case 3:03-cv-00618-AVC

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15. denied. 16. 17. 18.

The allegations contained in response to the section entitled Nature of the Case, are

Claim I, situated under the section entitled Cause of Action, is denied. Paragraph 1, under Cause of Action Supporting Facts, is admitted. Paragraph 2, under Cause of Action Supporting Facts, is denied as incomplete and/or

inaccurate. 19. As to paragraph 1, under the heading Previous Lawsuits and Administrative Relief, the

defendants have insufficient knowledge and/or belief and leave the plaintiff to his proof. 20. 21. Paragraph 2, under the heading Previous Lawsuits and Administrative Relief, is admitted. Paragraph 3, under the heading Previous Lawsuits and Administrative Relief, is denied as

incomplete and/or inaccurate. 22. The defendants have insufficient knowledge and/or belief as to paragraph 1, under the

heading Previously Dismissed Actions or Appeals, and leave the plaintiff to his proof. 23. 24. Paragraph 2, under the heading Previously Dismissed Actions or Appeals, is denied. Plaintiff's requests for relief are denied. FIRST AFFIRMATIVE DEFENSE Insofar as this action seeks money damages from the State of Connecticut, it is barred by the Eleventh Amendment to the United States Constitution. SECOND AFFIRMATIVE DEFENSE To the extent that this action seeks money damages against the defendants in their individual capacities, the defendants acted within the scope of their duties as officers/employees of the State of Connecticut and acted with an objectively reasonable belief that their actions were

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lawful. Their actions did not violate any clearly established law. For these reasons, they are entitled to qualified immunity from monetary damages. THIRD AFFIRMATIVE DEFENSE The plaintiff has failed to state a claim against the defendants upon which relief may be granted. FOURTH AFFIRMATIVE DEFENSE To the extent that State law claims exist in this action, and to the extent that they are based on negligence or state torts on the part of the defendants, those claims are barred by Conn. Gen. Stat. §§ 4-141 through 4-164, by Conn. Gen. Stat. § 4-165 and by the doctrine of sovereign immunity. FIFTH AFFIRMATIVE DEFENSE The plaintiff has not complied with the exhaustion provisions of the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). SIXTH AFFIRMATIVE DEFENSE The defendants, Correctional Officer Mancini, former Commissioner John Armstrong, Warden Strange and Counselor Clark, had no personal involvement in the designation of the plaintiff as a security risk group member.

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Case 3:03-cv-00618-AVC

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DEFENDANTS John Armstrong, et al. RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:_____________/s/____________________ Richard T. Biggar Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct E-Mail: [email protected] Tel: (860) 808-5450 Fax: (860) 808-5591

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following on this 24th day of June 2004: Jose DelValle CT #236253 VA # Greensville Correctional Center 901 Corrections Way Jarratt, VA 23870

__________________/s/___________________ Richard T. Biggar Assistant Attorney General

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