IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

CAMELLIA THERAPEUTIC FOSTER )

AGENCY, LLC )

)

Plaintiff, )

)

V. ) CASE NO. 2:06 CV 735-MHT

)

ALABAMA DEPARTMENT OF ) 

HUMAN RESOURCES )

)

Defendant. )

ANSWER

COMES NOW, Defendant Alabama Department of Human Resources, by and

through its undersigned counsel, and for answer to Plaintiff’s complaint states as follows:

1. Paragraph 1 is a preliminary statement. To the extent that an answer is required,

Defendant denies the allegations of paragraph 1.

2. Defendant is without sufficient knowledge or information to admit or deny the

allegations contained in paragraph 2 and therefore denies the allegations.

3. Defendant is without sufficient knowledge or information to admit or deny the

allegations contained in paragraph 3 and therefore denies the allegations.

4. Defendant denies the allegations of paragraph 4.

5. Defendant is without sufficient knowledge or information to admit or deny the

allegations contained in paragraph 5 and therefore denies the allegations.

6. Defendant is without sufficient knowledge or information to admit or deny the

allegations contained in paragraph 6 and therefore denies the allegations.

7. Defendant admits the allegations in paragraph 7.

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8. Defendant is without sufficient knowledge or information to admit or deny the

allegations contained in paragraph 8 and therefore denies the allegations.

9. Defendant admits the allegations in paragraph 9.

10. Defendant admits the allegations in paragraph 10.

11. Defendant admits the allegations in paragraph 11.

12. Defendant admits the allegations in paragraph 12.

13. Defendant admits the allegations in paragraph 13.

14. Defendant denies the allegations of paragraph 14.

15. Defendant denies the allegations of paragraph 15.

16. Defendant denies the allegations of paragraph 16.

17. Defendant admits that the Plaintiff was not given a formal hearing.

18. Defendant denies the allegations of paragraph 18. 

19. Defendant is without sufficient knowledge or information to admit or deny the

allegations contained in paragraph 19 and therefore denies the allegations. 

20. Defendant is without sufficient knowledge or information to admit or deny the

allegations contained in paragraph 20 and therefore denies the allegations. 

21. Defendant denies the allegations of paragraph 21.

22. Defendant denies the allegations of paragraph 18 as it did not interfere with

Plaintiff’s business.

21. (Duplicate paragraph 21) Defendant denies the allegations of this second

paragraph 21.

23. (There is no paragraph 23 in Plaintiff’s complaint)

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24. Defendant is without sufficient knowledge or information to admit or deny the

allegations contained in paragraph 24 and therefore denies the allegations.

25. Defendant denies the allegations of paragraph 25.

26. Defendant denies the allegations of paragraph 26.

27. Defendant denies the allegations of paragraph 27 as it did not interfere with the

Plaintiff’s contracts.

28. Defendant denies the allegations of paragraph 28.

Plaintiff’s Prayer for Relief

I. Defendant denies that the Plaintiff is entitled to any declaratory judgement.

II. Defendant denies that the Plaintiff is entitled to any injunctive relief.

III. Defendant denies that the Plaintiff is entitled to any punitive damages.

IV. Defendant denies that the Plaintiff is entitled to payment for any costs or attorney

fees. 

V. Defendant denies that the Plaintiff is entitled to any relief in this action. 

ALL ALLEGATIONS NOT EXPRESSLY ADMITTED

HEREIN ARE DENIED.

AFFIRMATIVE DEFENSES

1. Plaintiff has failed to state a claim upon which relief can be granted.

2. Defendant is immune from suit based on the Eleventh Amendment and the

Alabama Constitution.

3. The Defendant pleads the affirmative defense of statute of limitations.

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4. The Defendant asserts that it has not discriminated against the Plaintiff in violation

of any federal or state constitution, law, or rule.

5. The Defendants plead the affirmative defense of lack of jurisdiction.

RESPECTFULLY SUBMITTED,

TROY KING, KIN047

ATTORNEY GENERAL

SHARON FICQUETTE, FIC001

ASSISTANT ATTORNEY GENERAL

/S/ Joel C. Marsh___________

JOEL C. MARSH, MAR 052

Assistant Attorney General

State of Alabama Department of 

Human Resources

Legal Office

P. O. Box 304000

Montgomery, AL 36130-4000

Telephone: (334) 242-9330

FAX: (334) 242-0689

Attorney for the Defendant

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CERTIFICATE OF SERVICE

I hereby certify that on October 25, 2006, I electronically filed the foregoing Answer

with the Clerk of the Court using the CM/ECF system, which will send notification of such

filing to the following attorney of record for the plaintiff: 

Dwayne Brown

P.O. Box 230205

Montgomery, AL 36123

/S/ Joel C. Marsh___________

Joel C. Marsh

Attorney for the Defendant

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