Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Filing 1205

Motion Picture Association of America v. CrystalTech Web Hosting Inc.

Doc. 1205

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ANDREW P. THOMAS MARICOPA COUNTY ATTORNEY By: STEVEN B. PALMER State Bar No. 006712 Deputy County Attorney [e-mail] MCAO Firm No. 00032000

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CIVIL DIVISION Security Center Building 222 North Central Avenue, Suite 1100 Phoenix, Arizona 85004-2206 Telephone [phone] Attorneys for Defendants Gort, Patterson, Garcia, and Law IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Ryan Wesley Buckman, Plaintiff, NO. CV 06-1500-PHX-DGC (JJM) FIRST AMENDED ANSWER

Joseph Arpaio, et al., Defendant.

Defendants Detention Officers Samantha Gort, Michael Patterson, Sgt. Craig Garcia and Lt. Donald Law hereby admit, deny and otherwise respond to the allegations contained in Counts 3-5, 13 and 16-18 of the Complaint as follows: ... 1
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1.

Defendants Law, Gort and Patterson deny that they violated any of

Plaintiff's constitutional rights as a result of writing a disciplinary report on Plaintiff on or about June 3, 2005 or as a result of the subsequent assignment to disciplinary isolation from then until approximately June 11, 2005. 2. Defendants Law, Gort and Patterson deny that they were

deliberately indifferent to Plaintiff's serious medical needs during any of the time referenced above. 3. Defendant Lt. Donald Law specifically alleges that he has had no

involvement in this matter and that Plaintiff has confused him with another person in naming him as defendant here. 4. Defendant Garcia denies that he filed a false disciplinary report on

Plaintiff on or about January 1, 2006, that such a report was motivated by a desire to retaliate against Plaintiff for his filing numerous grievances, or that he in any way violated Plaintiff's constitutional rights. 5. Defendant Garcia denies that he violated Plaintiff's first amendment

right to petition for redress of grievances and denies that he retaliated against Plaintiff by using intimidation and the implied threat of excessive force and discipline, or by housing Plaintiff away from his legal help in unduly restrictive conditions in order to stop him from following through on filing grievances and a lawsuit. 6. Defendant Garcia denies that he violated Plaintiff's first amendment

right to petition for redress of grievances, or that he retaliated against Plaintiff by 2

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moving Plaintiff away from his legal help, or by stripping him out, or by restricting his phone access, or by housing Plaintiff for fifty days in isolation conditions that exceeded the normal hardships associated with being incarcerated, and denies that he punished Plaintiff for not dropping grievances or as persuasion to get Plaintiff to drop grievances. 7. Defendant Garcia denies that he violated Plaintiff's eight

amendment rights or subjected him to cruel and unusual punishment by housing Plaintiff in unduly isolated conditions for fifty days that exceeded the normal hardships associated with being incarcerated causing Plaintiff such emotional distress as to cause Plaintiff to hurt himself and develop a psychological injury. 8. These answering Defendants deny each and every allegation of the

Complaint not expressly admitted herein. 9. These answering Defendants allege that the Complaint fails to state

a claim against any of them, that they are protected from suit by the doctrine of absolute or qualified immunity, that Plaintiff has suffered no physical injuries supporting an award of compensatory damages, and hereby preserve each and every affirmative defense set forth in Rule 8(c), Fed. R. Civ. P., that further discovery in this matter may indicate to be relevant. ... ... ... ... 3

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DATED this 19th day of July 2007. ANDREW P. THOMAS MARICOPA COUNTY ATTORNEY

BY: s/Steven B. Palmer STEVEN B. PALMER Deputy County Attorney Attorneys for Defendants Gort, Patterson, Garcia, and Law ORIGINAL of the foregoing E-FILED (LODGED) this _19th_ day of July, 2007: and copies mailed to: Honorable David G. Campbell United States District Court Sandra Day O'Connor U.S. Courthouse Suite 623 401 West Washington Street SPC 58 Phoenix, Arizona 85003 Honorable Jacqueline Marshall United States District Magistrate Judge Evo DeConcini U.S. Courthouse 405 West Congress Street, Suite 6650 Tucson, Arizona 85701 and COPY to: Ryan Wesley Buckman P073171 FAJ-Phoenix Fourth Avenue Jail 201 South Fourth Avenue Phoenix, AZ 85003 Plaintiff Pro Per s/Michele Haney
S:\COUNSEL\Civil\Matters\CJ\2006\Buckman v. Arpaio CJ06-090\Pleadings\ANSWERAMEND(2) 071907.doc

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