IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

JEREMIAH W. GREEN, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) CIVIL ACTION NO. 2:06-cv-667-WKW-VPM 

 ) 

ELMORE COUNTY JAIL, et al., ) 

 ) 

 Defendants. ) 

DEFENDANT’S ANSWER

 COMES NOW Elmore County, Alabama Jail Warden Sue Roberts, Defendant in the 

above-styled cause, and answers the Plaintiff’s Complaint as follows: 

Answer

 The Defendant in this action, Elmore County, Alabama Jail Warden Sue Roberts, denies 

each and every allegation made by the Plaintiff, Jeremiah W. Green, and demands strict proof 

thereof. The Defendant denies that she acted, or caused anyone else to act, in any manner so as 

to deprive the Plaintiff of any right to which he was entitled. 

Affirmative Defenses

1. The Plaintiff’s Complaint, separately and severally, fails to state a claim upon 

which relief may be granted. 

2. The Defendant in this action, in her individual capacity, is entitled to qualified 

immunity from the Plaintiff’s claims. 

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3. The Defendant in this matter, in her official capacity, is entitled to absolute 

immunity from the Plaintiff’s claims pursuant to the Eleventh Amendment to the United States 

Constitution. 

4. Defendant in her official capacity is not a “person” under 42 U.S.C. § 1983. 

5. The Plaintiff’s claims are barred by the Prison Litigation Reform Act because he 

failed to exhaust available administrative remedies and because he has not suffered any physical 

injury, much less one that is greater than de minimus. 

6. Plaintiff fails to allege any affirmative causal link between the alleged act or 

omission of Defendant and any alleged constitutional deprivation or Defendant’s direct 

participation in any alleged constitutional violation. 

7. Defendant is not liable based upon respondeat superior theories of liability. 

8. The Plaintiff cannot prove a violation of his rights under the Eighth or Fourteenth 

Amendments to the United States Constitution. 

9. Defendant was not deliberately indifferent in any respect, nor did she subject the 

Plaintiff to the unnecessary and wanton infliction of pain. 

10. The Plaintiff’s claims for injunctive and declaratory relief are moot, and the 

Plaintiff lacks standing to raise these claims. 

11. Defendant reserves the right to add additional defenses upon a complete 

investigation of Plaintiff’s claims, completion of any discovery allowed, and if any further 

pleading is required or allowed by the Court. 

 

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RESPECTFULLY SUBMITTED, this the 25th day of October, 2006. 

 

 s/C. Richard Hill, Jr.

 C. RICHARD HILL, JR. (HIL045)

 DANIEL D. FORDHAM (FOR055)

 Attorneys for Defendants 

 WEBB & ELEY, P.C. 

 7475 Halcyon Pointe Drive (36117) 

 Post Office Box 240909 

 Montgomery, Alabama 36124 

 Telephone: (334) 262-1850 

 Fax: (334) 262-1889 

 E-mail: rhill@webbeley.com 

CERTIFICATE OF SERVICE

 I hereby certify that on this the 25th day of October, 2006, I electronically filed the 

Defendant’s Special Report with the Clerk of the Court using the CM/ECF system, and that I 

have mailed by United States Mail, postage prepaid, to the following non-CM/ECF participant: 

Jeremiah W. Green 

Federal Prison Camp – Atlanta 

Post Office Box 150160 

Atlanta, Georgia 30315-0160 

 s/C. Richard Hill, Jr. 

OF COUNSEL

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