Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-00941-SLR

Document 24-2

Filed 03/29/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE
JEFFERY ALONZO SIMMS, Plaintiff, v. MAJOR R.L. HUGHES, LT. COL. THOMAS F. MACLEISH, and COL. L. AARON CHAFFINCH, Defendants. ) ) ) ) ) ) ) ) ) ) )

C. A. No. 04-941-SLR

ANSWER The defendants Hughes, MacLeish, and Chaffinch respond as follows to the allegations set forth in the plaintiff's complaint form [¶IV. Statement of Claim]. 1. The alleged assault is denied. None of the three defendants had any

contact whatsoever with the plaintiff on the date in question. AFFIRMATIVE DEFENSES 2. 3. The Complaint fails to state a claim upon which relief can be granted. Plaintiff's cause of action is barred by the applicable statute of limitations.

Wherefore, the defendants ask that the Complaint be dismissed, with prejudice, and all costs assessed to the plaintiff. _______________________________ /s/ Ralph K. Durstein III (ID# 912) Deputy Attorney General 820 N. French Street Wilmington, DE 19801 (302)577-8510 [email protected]

Dated: March 29, 2005

Case 1:04-cv-00941-SLR

Document 24-2

Filed 03/29/2005

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UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE CERTIFICATE OF SERVICE I hereby certify that on March 28, 2005, I electronically filed Initial Disclosures pursuant to Rule 26 with the Clerk of the Court using CM/ECF, and, on April 6, 2005, have sent a copy of such filing by first class mail to the following: Mr. Jeffrey Alonzo Simms Post Office Box 500 Sussex Correctional Institution Georgetown, DE 19947 /s/ Ralph K. Durstein III Department of Justice State of Delaware 820 N. French Street Wilmington, DE 19801 (302) 577-8510 [email protected]