IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

BERTHA ALLEN, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Civil Action No. 3:06-cv-00772-WKW-DRB 

 ) 

TALLAPOOSA COUNTY ) 

J AIL STAFF, et al. ) 

 ) 

 Defendants. ) 

DEFENDANTS’ ANSWER

 COME NOW Tallapoosa County Sheriff Jimmy Abbett, Chief Deputy Kenny Sherrer, 

Jail Administrator Blake Jennings, Lt. Jason Cowart, Sgt. Patricia Guthrie, Sgt. Chris Nail, and 

Corrections Officer Dodi Shaddix, Defendants in the above-styled cause, and answer the 

Plaintiff’s Complaint as follows: 

ANSWER

The Defendants in this action deny each and every allegation made by the Plaintiff, 

Bertha Allen, and demand strict proof thereof. The Defendants deny that they acted, or caused 

anyone to act, in such a manner so as to deprive the Plaintiff of her constitutional rights. 

AFFIRMATIVE DEFENSES

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

which relief may be granted. 

2. The Defendants in this action, in their individual capacities, are entitled to 

qualified immunity from the Plaintiff’s claims. 

3. The Defendants in this matter, in their official capacities, are entitled to absolute 

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

Constitution. 

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4. Defendants in their official capacities are not “persons” under 42 U.S.C. § 1983. 

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

has failed to exhaust available administrative remedies and because she has not suffered an 

injury that is greater than de minimus. 

6. Plaintiff fails to allege any affirmative causal link between the alleged acts of 

Defendants and any alleged constitutional deprivation or Defendants’ direct participation in any 

alleged constitutional violation. 

7. Defendants are not liable based upon respondeat superior theories of liability. 

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

Amendments to the United States Constitution. 

9. Defendants were not deliberately indifferent in any respect. 

10. Plaintiff cannot receive punitive damages against Defendants. 

11. Defendants reserve 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. 

Respectfully submitted this 30th day of October, 2006. 

s/Ashley Hawkins Freeman 

ASHLEY HAWKINS FREEMAN Bar No. FRE044 

AMANDA KAY MORGAN Bar No. ALL079 

Attorneys for Defendants 

WEBB & ELEY, P.C. 

7475 Halcyon Pointe Drive 

Post Office Box 240909 

Montgomery, Alabama 36124 

Telephone: (334) 262-1850 

Fax: (334) 262-1889 

E-mail: afreeman@webbeley.com

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CERTIFICATE OF SERVICE

 I hereby certify that on this the 30th day of October, 2006, I have electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system, and that I have mailed a true 

and correct copy of the foregoing by United States Mail, postage prepaid, to the following nonCM/ECF participant: 

Bertha Allen 

AIS 134004 

Julia Tutwiler Prison for Women 

8966 U. S. Highway 231 North 

Wetumpka, AL 36092 

 s/Ashley Hawkins Freeman 

 OF COUNSEL 

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