Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:05-cv-00033-GMS

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Filed 10/17/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Jamah K. Grosvenor, Plaintiff, v. Thomas Carroll, et al, Defendants. ) ) ) ) ) ) ) )

Civil Action No. 05-033 GMS

DEFENDANTS SEACORD AND ATALLIAN'S ANSWER TO COMPLAINT Defendants Seacord and Attalian, by and through undersigned counsel, hereby answer the complaint as follows: 1. Defendants Seacord and Atallian incorporate the answers provided in

paragraphs 1 thru 29 (D.I. 17) filed on or about June 27, 2006 as if set forth herein. 2. Defendants Seacord and Atallian deny that they transferred Grosvenor on

June 10, 2004 to the Security Housing Unit (SHU), and that on June 22, 2004, they classified Grosvenor to SHU based on falsified or invalid disciplinary report and transfer order. 3. Defendants Seacord and Atallian admit that the Multi-Disciplinary Team

(MDT) consists of the counselor assigned to the building/inmate and either Lt. Thomas Seacord or Lt. Ricky Porter depending on where the inmate is housed. The Defendants further admit that the MDT changes as the inmate housing changes. Defendants deny that the classification committee relied on falsified and fabricated prison records to transfer Grosvenor to SHU at all times relevant to this complaint.

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4.

Defendants Seacord and Atallian admit that when an inmate receives a

Level 5 sentence an initial classification is completed for security housing and treatment/programming placement. Defendants further admit that depending on the length of the Level 5 sentence, the prisoner's next review is set. Defendants deny that the classification committee relied on falsified and fabricated prison records to transfer Grosvenor to SHU at all times relevant to this complaint. 5. Defendants Seacord and Atallian deny that Grosevenor was deprived of

legitimate reasons for the MTD recommendations and the IBCC decisions at all times relevant to this complaint. By way of further answer, Grosvenor was provided incident, disciplinary records and classification documents. 6. Defendants Seacord and Atallian deny that they subjected, or caused to be

subjected, Grosvenor to a deprivation of any rights protected by federal law. 7. Defendants Seacord and Atallian deny that they are subject to § 1983

liability for the alleged deprivation of Grosvenor's Due Process rights commencing on or about May 31, 2004. 8. Defendants Seacord and Atallian deny that they are subject to § 1983

liability for the alleged conditions of confinement imposed on Grosvenor while in disciplinary segregation commencing on or about June 30, 2004. RELIEF 9. Plaintiff is not entitled to any relief, by way of compensatory or punitive

damages, against Defendants under any Federal constitutional provisions or statutes set forth in the Complaint, including, but not limited to 42 U.S.C. §1983 and 5 U.S.C § 552. 10. It is specifically denied that Plaintiff is entitled to any other relief.

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AFFIRMATIVE DEFENSES 11. 12. 13. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff failed to exhaust his administrative remedies. Plaintiff failed to show that Defendants Seacord and Atallian are liable for

alleged constitutional deprivations in the absence of their personal involvement. 14. Plaintiff is barred from suit imposing § 1983 liability against Defendants

Seacord and Atallian on the basis of a respondeat superior theory. 15. To the extent of actual involvement, Defendants Seacord and Atallian

acted in good faith, as state officers, or as individuals in all actions which relate to the Plaintiff, and therefore, are immune from all claims alleged in Plaintiff's complaint. Wherefore, Defendants Seacord and Attalian demand that judgment be entered in their favor as to all claims and dismiss plaintiff's complaint, and attorney's fees and costs be awarded to defendants.

STATE OF DELAWARE DEPARTMENT OF JUSTICE _/s/ Ophelia M. Waters_______ Ophelia M. Waters, I. D. #3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 Counsel for Defendants Seacord and Atallian Dated: October 17, 2007

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CERTIFICATE OF SERVICE I hereby certify that on October 17, 2007, I electronically filed an Defendants Seacord and Atallian's Answer to Complaint with the Clerk of Court using CM/ECF. I hereby certify that on October 17, 2007, I have mailed by United States Postal Service, the document to the following non-registered party: Jamah K.Grosvenor.

/s/ Ophelia M. Waters Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]