Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-01542-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Kevin Brathwaite, Plaintiff, v. Robert Wallace, et al., Defendants. ) ) ) ) ) ) ) ) )

C.A. No. 04-1542-GMS Trial by Jury Demanded

ANSWER AND DEFENSES OF DEFENDANTS CARPENTER, WALLACE STEVENSON AND RISPOLI Stephanie Carpenter, Robert Wallace, Matt Stevenson and Marcello Rispoli, ("State Defendants"), by and through counsel, hereby answer the complaint (the "Complaint") filed by Kevin Braithwaite ("Plaintiff") against them. 1. State Defendants admit that the Plaintiff is an inmate incarcerated at the

Delaware Correctional Center. ("DCC"). 2. State Defendants admit that they are employed by the State of Delaware

Department of Correction, and are currently working at the DCC. State Defendants lack information or knowledge sufficient to form a belief as to employees of the medical provider, First Correctional Medical. 3. by State law. STATEMENT OF CLAIM The Plaintiff does not set forth his claims in separate, numbered paragraphs; however, his Statement of Claim is construed to allege an Eighth Amendment use of State Defendants deny that they failed to perform their duties as required

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excessive force claim on October 9, 2004 against State Defendants. Plaintiff attaches an affidavit to his complaint detailing his claims. 1. State Defendants deny that they assaulted Plaintiff on October 9, 2004,

with a dangerous weapon and with hands and feet. 2. State Defendants deny that First Correctional Medical refused to provide

medical attention to Plaintiff. 3. State Defendants deny that Plaintiff informed Officer Thomas that he was

suicidal and was going to kill himself. SECOND & THIRD PARAGRAPHS IN PLAINTIFF'S COMPLAINT The allegations in paragraphs two and three allege claims against DOC Defendants who were dismissed from this case in the Court's Memorandum issued July 17, 2006. (D.I.77). The Conspiracy claim against Defendants Wallace, Stevenson and Thomas was also dismissed in the same Memorandum; therefore, no further response to either of these paragraphs is required. ALLEGATIONS IN PLAINTIFF'S AFFIDAVIT 4. State Defendants admit that Defendant Wallace conducted a search of

Plaintiff's cell on October 9, 2004. 5. State Defendant Wallace admits that Plaintiff possessed a razor blade in a

hidden pocket in his under-shorts when he was ordered to strip for search. By way of further answer, Plaintiff became verbally belligerent, aggressive, non-compliant and disorderly when Defendant Wallace ordered him to strip. 6. State Defendant Wallace admits that plaintiff repeatedly refused orders to

strip and with closed fists attempted to punch Defendant Wallace. By way of further

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answer, for his safety and security, and in order to restore order and maintain discipline, Defendant Wallace had to spray a burst of pepper foam at plaintiff to regain control of plaintiff. 7. Defendants admit that additional officers were called to assist Defendant

Wallace to handcuff and remove the Plaintiff, who was physically aggressive, noncompliant and disorderly, which Defendant had a duty to do. 8. Denied that Plaintiff complied with orders to turn around and be

handcuffed. By way of further answer, Plaintiff attempted to strike another officer, Sgt. Philips who was trying to handcuff plaintiff, which Defendant had a duty to do. 9. Defendants admit that for the safety and security in the cell, they had to

remove plaintiff, who was physically aggressive, non-compliant and disorderly to secure his handcuffs and leg restraints. 10. Defendants deny that they "kicked, punched and stomped" Plaintiff who

continued to be combative and resistant when they handcuffed and placed him in leg restraints as they are trained to do when confronted with a combative and resistant inmate. By way of further answer, as a result of Plaintiff's physically aggressive, noncompliant and disorderly conduct, State Defendants had to escort Plaintiff to the Security Housing Unit and secure him in a holding cell to regain control. 11. State Defendants admit that medical staff did examine Plaintiff after he

was escorted to a secured location, and after pepper foam was used to gain control. By way of further answer, as far as the remaining allegations directed at the medical staff, Defendants lack information or knowledge sufficient to form a belief as to the allegations and therefore deny the claim.

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12.

State Defendant Carpenter admits that Plaintiff was observed to have a

bed sheet tied to the light cage in his cell and appeared to be placed around his neck when she called for the cell door to be opened. By way of further answer, when the cell door was opened and she entered, plaintiff lunged for her thereby prompting her to spray capstun in plaintiff's eyes. 13. State Defendants admit that the Plaintiff was treated by the medical staff

for the use of the capstun, and then secured in a suicide observation cell. By way of further answer, State Defendants lack knowledge or information sufficient to form a belief as to the allegations directed at the medical staff and therefore deny the allegations. RELIEF SOUGHT 14. It is specifically denied that Plaintiff is entitled to compensatory, punitive

or any monetary damages. 15. It is specifically denied that Plaintiff is entitled to any relief. AFFIRMATIVE DEFENSES 16. 17. 18. 19. Plaintiff has failed to state a claim upon which relief can be granted. Plaintiff has failed to exhaust his administrative remedies. Defendants are entitled to qualified immunity. Plaintiff's claims under state law, are invalid under the State Tort Claims

Act, 10 Del. C. § 4001 et seq. 20. Plaintiff's injuries, if any, existed prior to the date of the alleged wrongful

conduct by State Defendants. 21. cause. Plaintiff's injuries, if any, resulted from an intervening and/or superseding

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22.

Plaintiff's alleged injuries, losses or damages, if any, were the direct, sole

and proximate result of activities or conduct of persons or entities for which State Defendants had no right of authority or control. 23. 24. Plaintiff acted with contributory negligence. Plaintiff's Complaint, to the extent that it seeks punitive damages, fails to

state a cause of action supporting the punitive damages claim. WHEREFORE, the State Defendants demand that judgment be entered in their favor as to all claims and against the plaintiff as to all claims, and attorney's fees and costs be awarded to state defendants. Dated: August 30, 2006 STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, ID#3879 Deputy Attorney General Carvel State Office Building 820 North French Street, 6th fl. Wilmington, DE 19801 (302) 577-8400

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CERTIFICATE OF SERVICE I hereby certify that on August 30, 2006, I electronically filed Answer with the Clerk of Court using CM/ECF. I hereby certify that on August 30, 2006, I have mailed by United States Postal Service, the document to the following non-registered participant: Kevin C. Braithwaite; SBI # 315294; Delaware Correctional Center; 1181 Paddock Road; Smyrna, DE 19977. . STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Ophelia M. Waters Ophelia M. Waters, I.D. #3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302)577-8400 [email protected]