UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

CASE NO. 9:20-cv-81032-DMM

LEE MITCHELL JOHNSON, 

Plaintiff,

vs

CORRECTIONS DEPUTY J. LINDOR,

Defendant.

__________________________________/

DEFENDANT LINDOR’S ANSWER/DEFENSES

The Defendant LINDOR, by and through his undersigned attorneys, files this his

Answer/Defenses to the Complaint [DE 1] in this action as follows:

I. The Parties to This Complaint

A.ThePlaintiff(s)-Without knowledge as to Plaintiff’s current place ofincarceration.

B. The Defendant(s) - Admitted only that J. Lindor, who is a corrections deputy

working at the Palm Beach County Jail is named in this action as a Defendant. All other allegations

are denied. 

II. Basis for Jurisdiction - Admitted for jurisdictional purposes only. All other allegations

are denied and strict proof thereof is demanded.

III. Prisoner Status - Without knowledge and therefore denied.

IV. Statement of Claim - All allegations contained herein are denied and strict proof thereof

is demanded.

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V. Injuries - Admitted only that Plaintiff has sustained no injuries.

VI. Relief - Denied as to Plaintiff’s entitlement to damages in this case.

VII. Exhaustion of Administrative Remedies Administrative Procedures - 

A. Denied.

B. Admitted.

C. Denied as phrased and strict proof thereof is demanded.

D. Denied as phrased and strict proof thereof is demanded.

E. Denied as phrased and strict proof thereof is demanded.

F. No response needed.

G. Denied and strict proof thereof is demanded.

VIII. Previous Lawsuits - Without knowledge and therefore denied.

IX. Certification and Closing - No response needed.

General Denial

Any and all allegations to which a specific response has not previously been provided is

herein denied and strict proof thereof is demanded.

DEFENSES

 1. As a first Defense, the Defendant pursuant to Rule 12(b)(6) of the Federal Rules of

Civil Procedure would assert that Plaintiff has failed to make sufficient allegation of ultimate fact

from which it can be determined that a claim for relief has been stated.

2. As a further and separate Defense, the Defendant would assertthat anyand all injuries

or damages allegedly suffered by Plaintiff were caused by reason of Plaintiff's negligence and/or

wrongful acts and/or misconduct.

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3. As a further and separate Defense, the Defendant would assert that anyand all injuries

or damages allegedly suffered by Plaintiff were caused in whole or in part by reason of the wrongful

acts of others over which these Defendant have no control or responsibility for control.

4. As a further and separate Defense, the Defendant would assert that he isimmune from

any and all liability through application of the concept of qualified immunity, as he, at no time,

committed any act in derogation of Plaintiff's civil rights of which a reasonable corrections officer

would have had knowledge and, at all times, otherwise acted in good faith relying upon existing

statutes, policies and procedures as authority for hid actions.

5. As a further and separate Defense, the Defendant would assert that any and all actions

he took were taken:

a. without malice;

b. with probable cause; 

c. in pursuit of lawful and legal duties.

6. As a further and separate Defense, the Defendant, to the extent he is named in his

official capacity, would assert that there existed no custom, policy, practice or procedure that

provided the moving force or cause of any alleged violation of Plaintiff's constitutional rights.

7. As a further and separate Defense, to the extent that the Plaintiff's complaint can be

read as making allegations against this Defendant in his official capacity, the Defendant hereby

moves to strike Plaintiff's demand for punitive damages pursuant to Newport, et al., v. Fact Concerts,

Inc. et al.,, 453 U.S. 247, 101 S.Ct. 2748, 69 L.Ed.2d 616 (1981) and Florida Statute §768.28(5).

8. As a further and separate Defense, the Defendant would assert that he is entitled to

a set off for any collateral sources of compensation for Plaintiff’s alleged injuries and/or damages.

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9. As a further and separate Defense, the Defendant would assert that the Plaintiff has

failed to adequately exhaust his administrative remedies as required by the Prison Litigation Reform

Act of 1995 (PLRA).

DEMAND FOR TRIAL BY JURY

The Defendant, J. LINDOR, hereby demands trial by jury on all issues so triable.

 s/ Summer M. Barranco 

SUMMER M. BARRANCO, ESQUIRE

Fla. Bar No. 984663

PURDY, JOLLY, GIUFFREDA, BARRANCO & JISA, P.A.

2455 E. Sunrise Boulevard, Suite 1216

Fort Lauderdale, Florida 33304

Telephone: (954) 462-3200

Facsimile: (954) 462-3861

E-mail: summer@purdylaw.com

melissa@purdylaw.com

Attorney for Defendant Lindor

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Certificate of Service

I HEREBY CERTIFY that a copy of the foregoing has been furnished byU.S. Mail to LEE

MITCHELL JOHNSON, Pro Se Plaintiff, Inmate No. 0384240, c/o Palm Beach County Jail,

Inmate Mail/Parcels, P.O. Box 24716, West Palm Beach, Florida 33416 and that Ihave electronically

filed a copy of the forgoing with the Clerk of the Court by using the CM/ECF system this 13thday

of November, 2020.

 s/ Summer M. Barranco 

SUMMER M. BARRANCO, ESQUIRE

Fla. Bar No. 984663

PURDY, JOLLY, GIUFFREDA, BARRANCO & JISA, P.A.

2455 E. Sunrise Boulevard, Suite 1216

Fort Lauderdale, Florida 33304

Telephone: (954) 462-3200

Facsimile: (954) 462-3861

E-mail: summer@purdylaw.com

melissa@purdylaw.com 

Attorney for Defendant Lindor

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