IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JAMES PETTY, AIS# 124252, ) 

 ) 

Plaintiff, ) 

 ) 

 ) 

v. ) Case #2:06-CV-639-WKW 

 ) 

 ) 

 ) 

RAY B. FINEDORE, et al., ) 

 ) 

Defendant. ) 

ANSWER 

Comes now the Defendant, Ray Finedore, by counsel, 

denying Plaintiff’s 1983 claims, and shows unto the 

Court the following: 

1. The Complaint fails to state a claim against 

Finedore for Extortion. The Complaint cites no 

conduct on the part of Finedore that meets the 

elements of extortion as defined under State or 

Federal law. Finedore denies the allegation. 

2. Plaintiff’s claims against Finedore challenge his 

“due process” rights established under Morrissey v 

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Brewer, 408 U.S. 471 (1972), in which he seeks to 

overturn his parole revocation and incarceration. 

Habeas corpus is exclusive remedy for state 

prisoner challenging fact or duration of his 

confinement and immediate or speedy release.

3. Plaintiff has failed to exhaust State remedies in 

challenging his “due process” rights in the parole 

revocation process. A writ of certiorari in 

Montgomery County Circuit Court is the state 

remedy for such a challenge. 

4. The Complaint alleges Finedore violated 

Plaintiff’s Constitutional right to “equal 

protection”, but fails to cite any conduct wherein 

Finedore treated Plaintiff differently that other 

parolees similarly situated. Nor does Plaintiff 

show he is a member of a protected class entitled 

to such protection. Finedore denies the 

allegation. 

5. Finedore is entitled to immunity from monetary 

damages. The Supreme Court held that a State 

official was immune, as the effect of suing him 

for equitable relief was to obtain relief from the 

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State. “Obviously, State officials literally are 

persons, but a suit against a State official in 

his or her official capacity is not a suit against 

the official but rather is a suit against the 

official's office. 

Wherefore, premises considered the Defendant, Ray 

Finedore, moves the Court to dismiss him from this 

action. 

 

Respectfully submitted, 

TROY KING 

ATTORNEY GENERAL 

 GREGORY O. GRIFFIN, SR. 

 CHIEF COUNSEL 

 

 s/STEVEN M. SIRMON 

 ASSISTANT ATTORNEY GENERAL 

 State Bar#: ASB-5949-S61S 

 Ala. Bd. Pardons and Paroles 

 P.O. Box 302405 

 Montgomery, Alabama 36130 

 Telephone: (334) 242-8700 

 Fax: (334) 353-4423 

 Steve.Sirmon@alabpp.gov

 

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CERTIFICATE OF SERVICE

 I hereby certify that on 9-12-2006 I 

electronically filed the foregoing with the Clerk of 

the Court using the CM/ECF system which will send 

notification of such filing to the following: (None), 

and I hereby certify that on 9-12-06 I mailed ,by 

United States Postal Service, the document to the 

following non-CM/ECF participants: 

JAMES PETTY 

AIS #139044 

EASTERLING CORRECTIONAL FACILITY 

200 WALLACE DR. 

CLIO, ALABAMA 36017-2615 

Done this 12th day of September 2006.

 Respectfully submitted, 

 s/ STEVEN M. SIRMON 

 ASSISTANT ATTORNEY GENERAL 

 State Bar#: ASB-5949-S61S 

 Ala. Bd. Pardons and Paroles 

 301 South Ripley Street 

 P.O. Box 302405 

 Montgomery, Alabama 36130 

 Telephone: (334) 242-8700 

 Fax: (334) 353-4423 

 steve.sirmon@alabpp.gov

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