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

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Terry Goddard Attorney General Michele L. Forney, Bar No. 019775 Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7670 E-mail: [email protected] Attorneys for Defendants

7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF ARIZONA 9 10 11 12 13 14 15 16 and Stewart, by undersigned counsel, hereby answer Counts I and II of the Second 17 18 19 20 21 22 23 24 25 26 27 28
Case 2:03-cv-02159-ROS-JRI Document 99 Filed 10/22/2007 Page 1 of 4

Timothy Lee Ward, No. CV 03-2159 PHX ROS (JRI) Plaintiff, v. Sgt. Carr, et al., Defendants. Pursuant to the Court's order dated October 2, 2007 (Dkt. #95), Defendants Carr ANSWER TO SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL

Amended Complaint (Dkt. # 75) as follows: 1. Admit that Plaintiff is an inmate confined in the custody of the Arizona

Department of Corrections ("ADC") and assigned ADC No. 148256. 2. Admit that Defendants are current or former employees of the State of

Arizona and specifically ADC. Defendants further admit that at all times relevant to the Second Amended Complaint, Defendants acted solely in their official capacity. 3. 4. 5. Admit that personal jurisdiction is proper in this court. Admit that venue is proper. Deny that Plaintiff's constitutional rights were violated by Defendants,

including his rights under the Fourteenth Amendment, whether designated as violations

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of substantive or procedural due process or equal protection, as well as any other allegations of wrongdoing which may be inferred from the contents of all portions of the Second Amended Complaint. 6. denied. 7. Deny that Defendants violated Plaintiff's rights under the U.S. Deny each and every allegation not otherwise specifically admitted or

Constitution, Arizona State law, Arizona Department of Corrections rules or regulations, or any federal statutes. 8. 9. Deny that Defendants failed to perform any duty required by law. Deny that Plaintiff can receive punitive damages because Plaintiff cannot

show Defendants had evil intent or motive. 10. Affirmatively allege that Plaintiff failed to state any claim upon which

relief can be granted. 11. Affirmatively allege that at all times relevant to Plaintiff's Second

Amended Complaint, Defendants acted in good faith, and did not violate Plaintiff's constitutional rights of which a reasonable person would have known, hereby affirmatively raising the defense of qualified immunity. 12. Affirmatively allege that Plaintiff sustained no physical injury as a result of

Defendants' action or inaction. 13. Affirmatively allege that Defendants, at all times alleged herein, acted

professionally and pursuant to legitimate penological interest and in compliance with all constitutional amendments and federal laws. 14. Affirmatively allege that Plaintiff's Second Amended Complaint fails, as a

matter of law, to allege sufficient affirmative involvement of the Defendants. 15. Affirmatively allege that the theory of respondeat superior is insufficient

to support Plaintiff's Second Amended Complaint.

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16.

Affirmatively allege that Plaintiff failed to exhaust prison administrative

remedies as are available; and therefore, his claims are barred by 42 U.S.C. § 1997e(a) whether denominated as an affirmative defense, subject matter jurisdiction, quasijurisdictional, abatement, or a condition precedent. 17. Affirmatively allege that the Prison Litigation Reform Act (PLRA) of

1996, 42 U.S.C. § 1997e(e) precludes Plaintiff from seeking damages for mental or emotional injury suffered while in custody without a prior showing of physical injury in a cause of action based on 42 U.S.C. § 1983. 18. Affirmatively allege that Defendants lack the authority to provide or deny

the relief Plaintiff seeks and thus are not proper parties to this suit. 19. Affirmatively allege that any alleged injury to Plaintiff was due to his own

intentional misconduct or negligence and not due to any misconduct or failing of the part of the Defendants. 20. Affirmatively allege that if Plaintiff owes restitution to the victims as a

result of his criminal conviction, any monetary award made to Plaintiff is subject to setoff pursuant to the Prison Litigation Reform Act §§ 807 & 808. 21. Affirmatively allege laches, waiver, mootness, immunity, ripeness,

justiciability, standing, estoppel, collateral estoppel, claim or issue preclusion or res judicata, qualified immunity and any other matters constituting an avoidance or affirmative defense. 22. At the time of this Answer, Defendants do not know which, if any,

additional affirmative defenses may be supported by the facts developed through discovery. Accordingly, Defendants allege, as though set forth fully herein, all affirmative defenses set forth in Rule 8 of the Federal Rules of Civil Procedure. 23. Defendants hereby demand a trial by jury.

WHEREFORE, Defendants pray for the following relief: 1. Dismissal of the Second Amended Complaint with prejudice. 3
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Entry of judgment in favor of Defendants, and that Plaintiff take nothing as

2 a result thereof, including declaratory relief, injunctive relief, punitive, nominal, special 3 or compensatory damages, or damages for mental suffering and anguish. 4 3. Grant Defendants their reasonable costs and expenses of this action,

5 including attorney's fees. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Grant such other and further relief as the Court deems just and proper.

RESPECTFULLY SUBMITTED this 22nd day of October, 2007. Terry Goddard Attorney General

s/Michele L. Forney Michele L. Forney Assistant Attorney General Attorneys for Defendants

Original e-filed this 22nd day of October, 2007, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Street, SPC 1 Phoenix, AZ 85003-2118 Copy mailed the same date to: Timothy Lee Ward, #148256 ASPC - Florence - South Unit P.O. Box 8400 Florence, AZ 85232

s/Colleen S. Jordan Secretary to: Michele L. Forney IDS04-0306/RSK:G04-20640 #79314 4
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