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

Case 1:03-cv-02319-WDM-MJW

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 03-CV-02319-WDM-MJW OLOYEA D. WALLIN, Plaintiff, vs. CMI, KIM DEMPEWOLF, RYAN BRADLEY, MARY, SANDRA, AARON, JASON and CHARLES Defendants. ______________________________________________________________________________ ANSWER TO PLAINTIFF'S AMENDED PRISONER COMPLAINT ______________________________________________________________________________ COMES NOW the Defendant, Marye Deming, by and through her attorneys, Pryor Johnson Carney Karr Nixon, P.C., and in response to Plaintiff's Amended Prisoner Complaint, admits, denies, and avers as follows: A. PARTIES 1. Defendant admits the allegations contained in paragraph 1 of Part A with respect to

the identity of Plaintiff. 2. With respect to the allegations contained in paragraphs 2 and 3 of Part A,

Defendant admits the address of Centennial Community Transition Center, with the exception that the facility is located in city of Englewood, not Centennial. Defendant admits that Defendant

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Dempewolf is employed at Centennial Community Transition Center, now as Program Director. Defendants deny the remaining allegations contained in paragraphs 2 and 3 of Part A. 3. With respect to paragraph 5 of Part A, Defendant admits she was at one time the

Executive Director of various CMI facilities, including Centennial Community Transition Center. Defendant denies the remaining allegations contained in paragraph 5 of Part A 4. With respect to paragraphs 4, 6, 7, 8, and 9 of Part A, Defendant

admits that these defendants were at one time employed at Centennial Community Transition Center. Defendant denies the remaining allegations contained in these paragraphs. 5. Defendant is without sufficient information to respond to the allegations

contained in paragraph 10 of Part A, and therefore denies same. B. JURISDICTION 6. Defendant does not dispute jurisdiction. C. NATURE OF THE CASE 7. In response to paragraphs 1 through 15 in Part C, Defendant admits that

Plaintiff received Antabuse for a short period of time while at Centennial Community Transition Center. Defendant expressly denies any wrongdoing with respect to the Antabuse treatment Plaintiff received, and expressly denies any constitutional or state violation. Defendant is without sufficient information to form a reasonable belief as to the truth of the remaining allegations contained in Part C, and therefore denies same.

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D. CAUSE OF ACTION 8. Defendant denies all allegations contained in Claim One (14th Amendment

of the United States Constitution Violation of Due Process), Claim Two (14th Amendment of the United States Constitution Violation of Due Process), and Claim Three (8th Amendment of the United States Constitution Violation of Cruel and Unusual Punishment). Further, pursuant to the Court's June 8, 2005 Order, these claims remain dismissed. 9. Defendant denies all allegations contained in Claim Four: 14th Amendment

of the United States Constitution Violation and 8th Amendment of the United States violation. 10. Negligence. 11. Defendant denies all allegations contained in Claim Six: State Claim of Defendant denies all allegations contained in Claim Five: State Claim of

Intentional Infliction of Emotional Distress. 12. Defendant denies all allegations contained in Claim Seven: State Claim of

Medical Malpractice. E. PREVIOUS LAWSUITS 13. Defendant is without sufficient information to either admit or deny the

allegations contained in Part E, and therefore denies same. F. ADMINISTRATIVE RELIEF 14. Defendant denies the allegations contained in Part F.

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G. REQUEST FOR RELIEF 15. Defendant denies each and every factual allegation and claim for relief set

forth in section G, including all subparagraphs. DEFENSES 16. Plaintiff fails to state one or more claims against Defendant upon which

relief can be granted. 17. At all times relevant to this action, the conduct of Defendant was lawful,

justified, privileged, done in good faith and subject to qualified immunity. 18. Plaintiff's claims are barred by the equitable doctrines of consent, waiver, estoppel

and/or unclean hands. 19. Upon information and belief, Plaintiff may have failed to mitigate his alleged injuries

and damages, if any. 20. Defendant is entitled to sovereign immunity under the laws and statutes of the State

of Colorado and/or the United States. 21. 22. 23. Plaintiff failed to exhaust administrative remedies. Plaintiff's claims are barred by the applicable statute of limitations. Plaintiff's claims for damages are diminished, limited and/or barred under provisions

of Colorado law, including, but not limited to, C.R.S. § 13-21-102.5 and/or § 13-21-111.6. 24. Plaintiff's claims for damages are barred or diminished by Plaintiff's own fault and/or

assumption of the risk, pursuant to C.R.S. § 13-21-111 and/or § 13-21-111.7.

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25.

Plaintiff's claims are frivolous and groundless, entitling Defendant to an award of

attorneys fees and costs pursuant to 42 U.S.C. § 1988. 26. Defendant reserves the right to amend their Answer to state additional defenses as

permitted by law. DEFENDANT DEMANDS TRIAL TO A JURY ON ALL ISSUES. Dated this 21st day of September, 2005.

s/Steven J. Wienczkowski Scott S. Nixon Steven J. Wienczkowski PRYOR JOHNSON CARNEY KARR NIXON P.C. 5619 DTC Parkway, Suite 1200 Greenwood Village, Colorado 80111 (303) 773-3500 ATTORNEYS FOR CMI AND KIM DEMPEWOLF

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CERTIFICATE OF MAILING I hereby certify that on the 21st day of September, 2005, a true and correct copy of the foregoing was placed in the U.S. Mail, postage prepaid thereon, addressed to: Oloyea D. Wallin Reg. No. 111389 AVCF Arkansas Valley Correctional Facility P.O. Box 1000 Crowley, Colorado 81034

s/Laura Buckingham Laura Buckingham on behalf of Pryor Johnson Carney Karr Nixon, P.C.

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