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

Case 3:01-cv-01107-CFD

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LLOYD GEORGE MORGAN, JR. VS. JOHN J. ARMSTRONG, ET AL. : : : : : PRISIONER NO. 3:01CV1107(CFD)(WIG)

OCTOBER 18, 2006

ANSWER, AFFIRMATIVE DEFENSES AND SET-OFF TO SECOND AMENDED COMPLAINT The defendants in the above-captioned matter answer the plaintiff's Second Amended Complaint in correspondingly numbered paragraphs. 1. 2. Denied. The defendants admit that the plaintiff makes contends certain deprivations and

violations of his constitutional rights, but denies any such deprivations or violations. 3. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 4. 5. Denied. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 6-10. 11. Admitted. The defendant Michael Lajoie admits that at times relevant to this complaint he

was the correctional Major of Operations at Northern Correctional Institution and that he is sued in his individual and official capacities. As to the remainder of allegations contained in this paragraph, the defendant is without sufficient information upon which to form a belief and therefore leaves the plaintiff to his proof.

Case 3:01-cv-01107-CFD

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12.

The defendant Christine Whidden admits that at times relevant to this complaint

she was the correctional Major of Programs and Treatment at Northern Correctional Institution and that she is sued in his individual and official capacities. As to the remainder of allegations contained in this paragraph, the defendant is without sufficient information upon which to form a belief and therefore leaves the plaintiff to his proof. 13-15. 16. 17-18. Admitted. The defendants reincorporate their responses to previous numbered paragraphs. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 19. 20. 21. 22. 23. 24. 25. Admitted. Denied. Admitted. Admitted. Denied. Denied. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 26. 27. 28. 29. 30. Admitted. Denied. Denied. Denied. Denied.

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31.

The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 32. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 33. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 34. 35. 36. 37. 38. 39. Denied. Denied. The first sentence is denied. The second sentence is admitted. Denied. Admitted. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 40. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 41. 42. Admitted. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 43-48. 49. 50. Denied. The defendants reincorporate their responses to previous numbered paragraphs. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof.

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51-52.

The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 53. The defendants admit that while at Northern, the plaintiff made numerous

requests for mental health treatment and for a single cell. As to the remainder of allegations contained in this paragraph, the defendants are without sufficient information upon which to form a belief and therefore leave the plaintiff to his proof. 54. 55. 56-57. Denied. Denied. The defendants are without sufficient information upon which to form a belief

and therefore leave the plaintiff to his proof. 58-60. Denied.

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AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE The plaintiff fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE The plaintiff failed to exhaust his administrative remedies pursuant to the Prison Litigation Reform Act. THIRD AFFIRMATIVE DEFENSE Each and every defendant in this action is entitled to qualified immunity. FOURTH AFFIRMATIVE DEFENSE The Prison Litigation Reform Act prohibits plaintiff from recovering as to some of his allegations as he failed to allege a physical injury. FIFTH ADMINISTRATIVE DIRECTIVE The Eleventh Amendment provides immunity. SIXTH AFFIRMATIVE DEFENSE The plaintiff's claims are precluded by Conn. Gen. Stat. §§ 4-141 through 4-164 and § 4-165. SEVENTH AFFIRMATIVE DEFENSE The defendants do not have sufficient personal involvement in any constitutional violations alleged.

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DEFENDANTS' CLAIM FOR SET-OFF
Should the plaintiff be awarded any damages as a result of this action, however unlikely and unjust, the State is entitled to the recoupment of any monies paid by the State on behalf of the plaintiff or any dependents, including but not limited to the costs of incarceration both currently owed and anticipated for the remainder of his sentence(s). DEFENDANTS, John Armstrong, et al. RICHARD BLUMENTHAL ATTORNEY GENERAL BY:____/s/___________________________________ Lynn D. Wittenbrink Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar No. ct08575 Telephone No.: (860) 808-5450 Fax No.: (860) 808-5591 Email: [email protected] CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following, first-class postage prepaid on this 18th day of October, 2005: Lloyd George Morgan, Inmate No. 117796 Cheshire Correctional Institution 900 Highland Avenue Cheshire, CT 06410 Annette M. Lamoreaux Connecticut Civil Liberties Union 32 Grand Street Hartford CT 06106 ___/s/_____________________________________ Lynn D. Wittenbrink Assistant Attorney General

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