Free Answer to Amended Complaint - District Court of Connecticut - Connecticut

Case 3:02-cv-01808-JCH

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RICHARD ROQUE : : : V. : : : COMMISSIONER JOHN ARMSTRONG, ET AL. : ANSWER Pursuant to Rule 8 of the Federal Rules of Civil Procedure, the defendants hereby answer the plaintiff's third amended complaint dated March 2, 2004 as follows: 1. 2. Admitted. Admitted that defendant Armstrong was the Commissioner of Correction. The PRISONER CASE NO. 3:02CV1808 (JCH)

APRIL 8, 2004

plaintiff is left to his proof as to the remainder of the allegations contained in this paragraph. 3. Admitted that the defendants are or were employees of the State of Connecticut.

The plaintiff is left to his proof as to the remainder of the paragraph. 4. 5. 6. 7. 8. 9. 10. remainder. Admitted. Admitted. Admitted. Admitted. Admitted Denied. Admitted that jurisdiction is asserted under said section. Denied as to the

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11.

Admitted that the Connecticut Department of Correction receives funds from the

federal government for the operation of specific programs within the DOC. Denied that the DOC or specific facilities such as Cheshire receive funds for their operation. 12. Admitted that the plaintiff is an inmate under the custody of the Commissioner of

Correction. Denied as to the remainder of the paragraph. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Denied. Denied. Denied. Denied. Admitted. Denied. The plaintiff is left to his proof. Denied. Denied. Denied. Denied. Admitted. Admitted. Admitted. Denied. Denied. The defendants lack sufficient information to answer this question due to its

vagueness. The plaintiff is left to his proof.

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29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. is.

Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Denied. Admitted Admitted. Denied. Admitted. Denied. Denied. Admitted. Denied. Denied. Denied. Admitted. Denied. The plaintiff does not specify who this "appropriate correctional officer"

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50. 51. 52. 53. 54. 55. 56.

Denied. Denied. Denied. Admitted. Denied. Denied Admitted that the University of Connecticut Health Center examines and treats

inmates under the custody of the Connecticut Department of Correction when medically necessary. However, when an inmate's medical needs can be addressed by the facility (as in this case) the UCONN Health Center does not treat the inmate. 57. 58. 59. 60. 61. Admitted. Denied. Denied. Denied. Denied.

REQUEST FOR RELIEF a. b. c. Denied. Denied. Denied.

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AFFIRMATIVE DEFENSES Pursuant to Rules 7 and 12 of the Federal Rules of Civil Procedure, the defendants raise the following affirmative defenses to the allegations contained in the plaintiff's complaint. FIRST AFFIRMATIVE DEFENSE At all times relevant to this lawsuit, the defendants, in their individual capacity, carried out their duties with the reasonably good faith belief that they were acting lawfully, and therefore are entitled to qualified immunity. SECOND AFFIRMATIVE DEFENSE The plaintiff has failed to state a claim upon which relief may be granted. THIRD AFFIRMATIVE DEFENSE The defendants are immune from judgment in their official capacity pursuant to the Eleventh Amendment to the United States Constitution. FOURTH AFFIRMATIVE DEFENSE The plaintiff has failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act. FIFTH AFFIRMATIVE DEFENSE To the extent that the complaint seeks equitable relief and/or recovery of money damages from the defendants for alleged negligence, this court lacks subject matter jurisdiction over the dispute upon the basis of the doctrine of sovereign immunity.

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SIXTH AFFIRMATIVE DEFENSE Absent an allegation of permission to sue the State of Connecticut pursuant to Connecticut General Statutes § 4-160(b), the plaintiff has failed to state a claim upon which relief may be granted. SEVENTH AFFIRMATIVE DEFENSE The State of Connecticut nor its employees and agents are immune from suit brought under the Americans with Disabilities Act.

DEFENDANTS RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:__/s/______________________________ Neil Parille Assistant Attorney General Federal Bar No. #Ct.15278 110 Sherman Street Hartford, CT 06105 Tel.: (860) 808-5450 Fax: (860) 808-5593 [email protected]

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CERTIFICATION I hereby certify that a copy of the foregoing was sent by first-class mail, postage prepaid, this 8th day of April 2004 to: Richard Roque, Inmate No. 202380 Radgowski Correctional Institution 982 Norwich-New London Turnpike P.O. Box 980 Uncasville, CT 06382 _/s/_____________________________ Neil Parille Assistant Attorney General

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