UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

NYKAZA GEE, )

)

Plaintiffs, )

)

v. ) CAUSE NO. 3:15-CV-442-JVB-CAN

)

ERIC PARRISH and BRADY )

JANOVITZ, )

)

Defendants. )

DEFENDANTS’ ANSWER AND STATEMENT OF DEFENSES

Defendants Eric Parrish and Brady Janovitz, by counsel, hereby submit their 

Answer and Statement of Defenses to Plaintiff’s complaint. In answer to the complaint, 

the Defendants state the following: 

I. PARTIES

A. PLAINTIFF 

1. Defendants admit that an individual named Nykaza Gee was assigned the Indiana 

Department of Correction number 127839.

2. Defendants admit that the Plaintiff is currently incarcerated at Indiana State 

Prison. 

3. Defendants admit that the address for the Indiana State Prison is 1 Park Row St. 

Michigan City, IN 46360. 

4. Defendants admit that the Plaintiff was incarcerated at the Indiana State Prison on 

the date of the alleged incident. 

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5. Defendants admit that the alleged incident occurred after the Plaintiff was 

convicted while confined serving a sentence. 

B. DEFENDANT(S) 

1. Defendants admit that Plaintiff has filed a lawsuit naming Eric Parrish, a 

correctional officer at the Indiana State Prison, as a defendant. Defendants admit that the 

Indiana State Prison has an address of 1 Park Row St. Michigan City, IN 46360. 

2. Defendants admit that Plaintiff has filed a lawsuit naming Brady Janovitz as a 

defendant. Defendants admit that the Indiana State Prison has an address of 1 Park Row 

St. Michigan City, IN 46360.

II. GRIEVANCE PROCEDURE

F. Defendants admit there is a prison grievance system that would permit Plaintiff 

to file a grievance about the allegations in this lawsuit. 

G. Defendants deny that the Plaintiff has filed a grievance about the subject matter 

of this lawsuit. 

III. CAUSE(S) OF ACTION WITH SUPPORTING FACTS

Defendants admit that Plaintiff has brought an action under 42 U.S.C. § 1983. 

Defendants deny that Eric Parish and Brady Janovitz used force against Plaintiff to 

maliciously or sadistically cause him harm. 

Defendants further deny that they violated Plaintiff’s Eighth Amendment rights. 

Defendants further deny any and all of the allegations in Plaintiff’s complaint. The

remaining claims were dismissed by the Court, and thus require no response from 

Defendants. See ECF 14.

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IV. PREVIOUS LAWSUITS

Defendants are without sufficient information to admit or to deny the allegations 

regarding Plaintiff’s previous lawsuits.

V. RELIEF

Defendants deny the Plaintiff is entitled to the relief requested or any relief 

whatsoever.

GENERAL DENIAL

Defendants deny any and all remaining allegations set forth in Plaintiff’s 

Complaint not herein previously admitted or denied.

STATEMENT OF DEFENSES

Defendants state the following in defenses to the claims made by Plaintiff in his 

complaint:

1. Plaintiff’s rights, privileges and immunities secured under the Constitution or 

laws of the United States have not been violated by any alleged action or inaction 

of Defendants. The Defendants at all times acted reasonably, without malice, and 

in good faith.

2. Plaintiff failed to exhaust available administrative remedies prior to initiating this 

lawsuit, as is required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a).

3. Plaintiff’s complaint fails to state a claim upon which relief can be granted.

4. The Defendants’ actions were objectively reasonable and did not violate any 

clearly established principle of federal law; therefore, the Defendants are entitled 

to qualified immunity. 

5. Defendants reserve the right to amend their answer and defenses as more 

information is obtained

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WHEREFORE, Defendants, by counsel, respectfully request that the Plaintiff take 

nothing by his complaint, that judgment be entered in favor of the Defendants and 

against the Plaintiff, and any other such relief as the Court deems just and appropriate. 

Respectfully submitted,

GREGORY F. ZOELLER

Attorney General of Indiana

Atty. No. 1958-98

By: /s/ Philip A. Gordon 

Philip A. Gordon

Deputy Attorney General 

Atty. No. 31321-49

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CERTIFICATE OF SERVICE

I hereby certify that on July 19, 2016, I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system. Notice of this filing will be sent to counsel 

of record by operation of the Court’s electronic filing system. Parties may access this filing 

through the Court’s system. I also certify that a copy of the foregoing was sent by 

United States Mail, postage prepaid to the following:

Nykaza Gee

DOC #127839

Indiana State Prison

One Park Row

Michigan City, IN 46360

/s/ Philip A. Gordon

Philip A. Gordon

Deputy Attorney General

Office of the Indiana Attorney General

Indiana Government Center South, 5th Floor

302 W. Washington Street

Indianapolis, IN 46204-2770

Telephone: (317) 232-6217

Fax: (317) 232-7979

Email: Philip.Gordon@atg.in.gov 

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