IN THE UNITED STATES DISTRICT COURT FOR THE 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

DAVID CLEGG and CASE NO. 4:10CV81-RH/WCS 

SHARON ALLEN, 

Plaintiffs, 

V. 

DEPARTMENT OF JUVENILE 

JUSTICE, GULF COAST 

TREATMENT CENTER, INC., 

ASHER ZASLAW, JOHANA PEREZ, 

KEITH WILLIAMS, KELBY RAMER, 

DONNA BAREFOOT, LOURDES 

QUIRAY, and ROBERT ELLIS, 

Defendants. 

DEFENDANT, DEPARTMENT OF JUVENILE JUSTICE'S ANSWER, 

AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL IN 

RESPONSE TO PLAINTIFFS' FIRST AMENDED COMPLAINT FOR 

DAMAGES 

Comes now Defendant, DEPARTMENT OF JUVENILE JUSTICE, by and 

through its undersigned counsel, and hereby files its Answer, Affirmative 

Defenses, and Demand for Jury Trial to Plaintiffs' First Amended Complaint For 

Damages, and hereby states as follows: 

1 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 1 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RIT/WCS 

JURISDICTION 

1. This Defendant admits that the Court has subject matter jurisdiction 

of this matter and that Plaintiffs have filed an action alleging damages, but denies 

the remainder of the allegations contained in Paragraph 1 of Plaintiffs' First 

Amended Complaint for Damages and demands strict proof thereof. 

2. This Defendant admits that Plaintiff Clegg was in the legal custody 

of Defendant Department of Juvenile Justice during his residency at Gulf Coast 

Treatment Center, but denies the remainder of the allegations contained in 

Paragraph 2 of Plaintiffs' First Amended Complaint for Damages and demands 

strict proof thereof 

3. This Defendant admits that certain provisions of law govern the 

provisions of care to Plaintiff Clegg's serious medical needs, but otherwise denies 

the remaining allegations contained in Paragraph 3 of Plaintiffs' First Amended 

Complaint for Damages and demands strict proof thereof. 

4. This Defendant admits that Plaintiffs have brought claims alleging 

violation of state law pursuant to Counts IX and X of Plaintiffs' First Amended 

Complaint for Damages, but otherwise denies the remaining allegations contained 

in Paragraph 4 of Plaintiffs' First Amended Complaint for Damages, and demands 

strict proof thereof. 

Page 2 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 2 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

5. This Defendant admits the allegations contained in Paragraph 5 of 

Plaintiffs' First Amended Complaint for Damages. 

THE PARTIES 

6. This Defendant denies the allegations contained in Paragraph 6 of 

Plaintiffs' First Amended Complaint for Damages, and demands strict proof 

thereof. 

7. This Defendant admits that Plaintiff Sharon Allen is the mother of 

Plaintiff David Clegg but denies the remaining allegations contained in Paragraph 

7 of Plaintiffs' First Amended Complaint for Damages, and demands strict proof 

thereof. 

8. This Defendant admits that this Defendant had a contractual 

relationship with Defendant Gulf Coast Treatment Center, Inc., whereby 

Defendant Gulf Coast Treatment Center, Inc., acting as a contractual agent of this 

Defendant, provided certain residential treatment program services to juveniles in 

the custody of this Defendant, including Plaintiff David Clegg, but otherwise 

denies the remaining allegations contained in Paragraph 8 of Plaintiffs' First 

Amended Complaint for Damages, and demands strict proof thereof. 

9. This Defendant denies that Plaintiffs attached to Plaintiffs' First 

Amended Complaint for Damages the contract between this Defendant and 

Defendant Gulf Coast Treatment Center, Inc., and therefore denies the allegations 

Page 3 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 3 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

contained in Paragraph 9 of Plaintiffs' Complaint, and demands strict proof 

thereof. 

10. This Defendant admits that Defendant Zaslaw provided therapy to 

Plaintiff David Clegg during his residency at Gulf Coast Treatment Center. 

11. This Defendant admits that Defendant Perez provided case 

management services to Plaintiff David Clegg during his residency at Gulf Coast 

Treatment Center, Inc. 

12. This Defendant admits that Defendant Williams served as the 

Program Director of the Adolescent Substance Abuse Program at Gulf Coast 

Treatment Center, Inc. during his residency at Gulf Coast Treatment Center but 

otherwise denies the remaining allegations contained in paragraph 12 of Plaintiffs' 

First Amended Complaint for Damages and demands strict proof thereof 

13. This Defendant admits that during Plaintiff David Clegg's residency 

at Gulf Coast Treatment Center, Inc., Defendants Ramer and Barefoot were 

licensed practical nurses in the Adolescent Substance Abuse Program but 

otherwise denies the remaining allegations contained in Paragraph 13 of Plaintiffs' 

First Amended Complaint for Damages and demands strict proof thereof. 

14. This Defendant admits that Defendant Quiray is a psychiatrist and 

that she provided treatment to Plaintiff David Clegg during his residency at Gulf 

Coast Treatment Center, but otherwise denies the allegations contained in 

Page 4 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 4 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

Paragraph 14 of Plaintiffs' First Amended Complaint for damages and demands 

strict proof thereof. 

15. This Defendant admits that Defendant Ellis was the Clinical Director 

of Gulf Coast Treatment Center during Plaintiff David Clegg's residency at Gulf 

Coast, but otherwise denies the remaining allegations contained in Paragraph 15 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

FACTUAL BACKGROUND 

16. This Defendant admits that a contract between this Defendant and 

Gulf Coast Treatment Center, Inc. provided for Gulf Coast Treatment Center, Inc. 

to operate a 40 bed moderate risk program for boys and that this Defendant 

reimbursed Gulf Coast Treatment Center, Inc. for operation of this program, but 

denies the remaining allegations contained in Paragraph 16 of Plaintiffs' First 

Amended Complaint for Damages and demands strict proof thereof. 

17. This Defendant admits that on or about August 18, 2008, Plaintiff, 

David Clegg was in the custody of this Defendant when he was admitted to the 

Adolescent Substance Abuse Program at Gulf Coast Treatment Center, Inc., by 

this Defendant, but otherwise denies the remaining allegations contained in 

Paragraph 17 of Plaintiffs' First Amended Complaint for Damages and demands 

strict proof thereof. 

Page 5 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 5 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4: lOcv81-RH/WCS 

18. This Defendant admits that Plaintiff, David Clegg was in the legal 

custody of this Defendant during his residency in the Adolescent Substance Abuse 

Program at Gulf Coast Treatment Center, Inc., but otherwise denies the remaining 

allegations contained in Paragraph 18 of Plaintiffs' First Amended Complaint for 

Damages and demands strict proof thereof. 

19. This Defendant admits that the Adolescent Substance Abuse 

Program to which Plaintiff, David Clegg was admitted was operated by 

Defendant, Gulf Coast Treatment Center, Inc., through a contract between this 

Defendant and Defendant Gulf Coast Treatment Center, Inc., but otherwise denies 

the remaining allegations contained in Paragraph 19 of Plaintiffs' First Amended 

Complaint for Damages and demands strict proof thereof. 

20. This Defendant denies the allegations contained in Paragraph 20 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

21. This Defendant admits that the Adolescent Substance Abuse 

Program was designed to treat youth in the custody of this Defendant with 

substance abuse issues but otherwise denies the remaining allegations contained in 

Paragraph 21 of Plaintiffs' First Amended Complaint for damages as phrased and 

demands strict proof thereof. 

Page 6 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 6 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4: 1 Ocv8 1 -RH/WCS 

22. This Defendant denies the allegations contained within Paragraph 22 

of the Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

23. This Defendant denies the allegations contained within Paragraph 23 

of Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

24. This Defendant admits that Gulf Coast Treatment Center, Inc, 

employees Zaslaw, Perez, Williams, Ramer, and Barefoot were acting in the 

course and scope of their employment with Gulf Coast Treatment Center, Inc., and 

that Gulf Coast Treatment Center, Inc., was operating a residential treatment 

program pursuant to a contract with this Defendant during David Cleggs' 

residency in the Adolescent Substance Abuse Program. This Defendant further 

admits that Defendant, Quiray provided treatment to Plaintiff, David Clegg during 

his residency in the Adolescent Substance Abuse Program at Gulf Coast 

Treatment Center, Inc. This Defendant otherwise denies the remaining allegations 

contained in Paragraph 24 of Plaintiffs' First Amended Complaint for Damages 

and demands strict proof thereof. 

25. This Defendant denies the allegations contained in Paragraph 25 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

Page 7 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 7 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

26. This Defendant admits that Plaintiff, David Clegg was in the legal 

custody of this Defendant and the physical custody of Defendant, Gulf Coast 

Treatment Center, Inc. during his residency in the Adolescent Substance Abuse 

Program but otherwise denies the remaining allegations contained in Paragraph 

26, including subparagraphs a-f of Plaintiffs' First Amended Complaint for 

Damages and demands strict proof thereof. 

27. This Defendant admits that Defendant Gulf Coast Treatment Center, 

Inc.'s employees, Zaslaw, Perez, Williams, Ramer, Barefoot and Ellis were acting 

within the course and scope of their employment during Plaintiff, David Clegg's 

residency at Gulf Coast Treatment Center, Inc. but otherwise denies the remaining 

allegations contained in Paragraph 27 of Plaintiffs' First Amended Complaint for 

Damages and demand strict proof thereof. 

28. This Defendant admits that its employees were acting in the course 

and scope of their employment with this Defendant in that Defendant, Gulf Coast 

Treatment Center, Inc., provided certain residential treatment services to youth in 

the legal custody of this Defendant during Plaintiff, David Clegg's residency in 

the Adolescent Substance Abuse Program but otherwise denies the remaining 

allegations contained in Paragraph 28 of Plaintiffs' First Amended Complaint for 

Damages and demand strict proof thereof. 

29. This Defendant admits that pursuant to §768.28, Florida Statutes, 

Defendant, Gulf Coast Treatment Center, Inc., was acting as an agent of the State 

Page 8 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 8 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

while providing residential treatment services to youth in the legal custody of this 

Defendant pursuant to the terms of the contract between this Defendant and 

Defendant, Gulf Coast Treatment Center, Inc., but otherwise denies the remaining 

allegations contained in Paragraph 29 of Plaintiffs' First Amended Complaint for 

Damages and demands strict proof thereof. 

30. This Defendant admits that Defendants, Zaslaw, Perez, Williams, 

Ramer, Barefoot and Ellis were acting in the course and scope of their 

employment with Gulf Coast Treatment Center, Inc., and that Defendant Gulf 

Coast Treatment Center, Inc. provided certain residential treatment services to 

youth in the legal custody of this Defendant but otherwise denies the remaining 

allegations contained in Paragraph 30 of Plaintiffs' First Amended Complaint for 

Damages and demands strict proof thereof. 

31. This Defendant denies the allegations contained in Paragraph 31 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

32. This Defendant denies the allegations contained in Paragraph 32 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

33. This Defendant denies the allegations contained within Paragraph 33 

of Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

Page 9 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 9 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4: 1 Ocv8 1 -RH/WCS 

CONDITIONS PRECEDENT 

34. This Defendant denies the allegations contained in Paragraph 34 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT I — CLAIMS AGAINST GULF CENTER FOR CIVIL 

RIGHTS VIOLATIONS PURSUANT TO 42 U.S.0 1983 

35. This Defendant admits that Defendants, Zaslaw, Perez, Williams, 

Ramer, Barefoot and Ellis were acting in the course and scope of their 

employment with Gulf Coast Treatment Center, Inc., and that Defendant, Gulf 

Coast Treatment Center, Inc., provided certain residential treatment services to 

Plaintiff, David Clegg, who was in the legal custody of this Defendant and the 

physical custody of Defendant, Gulf Coast Treatment Center, Inc., and that such 

residential treatment services were provided pursuant to a contract between this 

Defendant and Defendant, Gulf Coast Treatment Center, Inc., but otherwise denies 

the remaining allegations contained in Paragraph 35 of Plaintiffs' First Amended 

Complaint for Damages and demands strict proof thereof. 

36. This Defendant denies the allegations contained in Paragraph 36 of 

Plaintiffs' First Amended Complaint for Damages, as phrased, and demands strict 

proof thereof 

Page 10 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 10 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

37. This Defendant denies the allegations contained in Paragraph 37 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

38. This Defendant denies the allegations contained in Paragraph 38 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

39. This Defendant denies the allegations contained in Paragraph 39 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT II- CIVIL RIGHTS CLAIMS AGAINST DEFENDANT, 

ZASLAW 

40. This Defendant admits that Defendant, Zaslaw was employed by 

Gulf Coast Treatment Center, Inc., and was acting within the course and scope of 

her employment with regard to services provided to Plaintiff, David Clegg and 

that Defendant, Gulf Coast Treatment Center, Inc., provided certain residential 

treatment services to Plaintiff, David Clegg pursuant to a contract between this 

Defendant and Defendant, Gulf Coast Treatment Center, Inc., but otherwise denies 

the remaining allegations contained in Paragraph 40 of the Plaintiffs' First 

Amended Complaint for Damages and demands strict proof thereof. 

Page 11 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 11 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

41. This Defendant denies the allegations contained in Paragraph 41 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

42. This Defendant denies the allegations contained in Paragraph 42 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

43. This Defendant denies the allegations contained in Paragraph 43 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

44. This Defendant denies the allegations contained in Paragraph 44 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT III- CIVIL RIGHTS CLAIMS AGAINST DEFENDANT, 

PEREZ 

45. This Defendant admits that Defendant, Perez was a case manager at 

Gulf Coast Treatment Center, Inc., who provided case management services to 

Plaintiff, David Clegg, but otherwise denies the remaining allegations contained 

in Paragraph 45 of the Plaintiffs' First Amended Complaint for Damages and 

demands strict proof thereof. 

Page 12 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 12 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

46. This Defendant denies the allegations contained in Paragraph 46 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

47. This Defendant denies the allegations contained in Paragraph 47 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT IV- CIVIL RIGHTS CLAIMS AGAINST DEFENDANT, 

WILLIAMS 

48. This Defendant admits that Defendant, Williams was the Program 

Director of the Adolescent Substance Abuse Program at Gulf Coast Treatment 

Center, Inc., during Plaintiff, David Clegg's residency at Gulf Coast Treatment 

Center, Inc., but otherwise denies the remaining allegations contained in 

Paragraph 48 of Plaintiffs' First Amended Complaint for Damages and demands 

strict proof thereof. 

49. This Defendant admits that Defendant, Williams participated in certain 

treatment team meetings pertaining to Plaintiff, David Clegg but otherwise denies 

the remaining allegations contained in Paragraph 49 of Plaintiffs' First Amended 

Complaint and demands strict proof thereof. 

50. This Defendant denies the allegations contained in Paragraph 50 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

Page 13 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 13 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4 : 1 Ocv8 1 -RH/WCS 

51. This Defendant denies the allegations contained in Paragraph 51 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT V — CIVIL RIGHTS CLAIMS AGAINST DEFENDANT, 

RAMER 

52. This Defendant denies the allegations contained in Paragraph 52 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

53. This Defendant denies the allegations contained in Paragraph 53 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

54. This Defendant denies the allegations contained in Paragraph 54 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT VI- CIVIL RIGHTS CLAIMS AGAINST DEFENDANT, 

BAREFOOT 

55. This Defendant denies the allegations contained in Paragraph 55 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

Page 14 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 14 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

56. This Defendant denies the allegations contained in Paragraph 56 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

57. This Defendant denies the allegations contained in Paragraph 57 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT VII- CIVIL RIGHTS CLAIMS AGAINST DEFENDANT., 

QUIRAY 

58. This Defendant denies the allegations contained in Paragraph 58 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

59. This Defendant denies the allegations contained in Paragraph 59 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

60. This Defendant denies the allegations contained in Paragraph 60 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

61. This Defendant denies the allegations contained in Paragraph 61 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof 

Page 15 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 15 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

62. This Defendant denies the allegations contained in Paragraph 62 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT VIII- CIVIL RIGHTS CLAIMS AGAINST DEFENDANT, 

ELLIS 

63. This Defendant admits that Defendant, Ellis was the Clinical 

Director of Defendant, Gulf Coast Treatment Center, Inc., during Plaintiff, David 

Clegg's residency at Gulf Coast Treatment Center, Inc., but otherwise denies the 

remaining allegations contained in Paragraph 63 of Plaintiffs' First Amended 

Complaint for Damages, as phrased, and demands strict proof thereof. 

64. This Defendant admits that Defendant, Ellis participated in certain 

treatment team meetings with regard to Plaintiff, David Clegg and that Defendant, 

Ellis, Baker Acted Plaintiff, David Clegg but otherwise denies the remaining 

allegations contained in Paragraph 64 of Plaintiffs' First Amended Complaint for 

Damages and demands strict proof thereof. 

65. This Defendant denies the allegations contained in Paragraph 65 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

66. This Defendant denies the allegations contained in Paragraph 66 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

Page 16 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 16 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

COUNT IX — CLAIMS AGAINST DEFENDANT, DJJ 

A. DIRECT NEGLIGENCE 

The Court has dismissed Count IX A. of Plaintiffs' First Amended 

Complaint for Damages pursuant to the Court's Order of August 23, 2010 and 

therefore this Defendant is not required to respond to Paragraphs 67 through 73 

including all subparagraphs. 

B. VICARIOUS LIABILITY CLAIMS AGAINST DJJ 

74. This Defendant denies the allegations contained in Paragraph 74 of 

Plaintiffs' First Amended Complaint for Damages, as phrased, and demands strict 

proof thereof. 

75. This Defendant denies the allegations contained in Paragraph 75 of 

Plaintiffs' First Amended Complaint for Damages, as phrased, and demands strict 

proof thereof. 

76. This Defendant denies the allegations contained in Paragraph 76 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

C. MEDICAL NEGLIGENCE CLAIM AGAINST DJJ 

77. This Defendant denies the allegations contained in Paragraph 77 of 

Plaintiffs' First Amended Complaint for Damages, and demands strict proof 

thereof. 

Page 17 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 17 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

78. This Defendant denies the allegations contained in Paragraph 78 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

79. This Defendant denies the allegations contained in Paragraph 79 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

80. This Defendant denies the allegations contained in Paragraph 80 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

COUNT X- CLAIMS OF SHARON ALLEN 

81. This Defendant admits the allegations contained in Paragraph 81 of 

Plaintiffs' First Amended Complaint for Damages. 

82. This Defendant is without knowledge or information sufficient to 

allow it to admit or deny the allegations contained in Paragraph 82 of Plaintiffs' 

First Amended Complaint for Damages and therefore can neither admit nor deny 

the allegations contained in Paragraph 82 of Plaintiffs' First Amended Complaint 

for Damages. 

83. This Defendant denies the allegations contained in Paragraph 83 of 

Plaintiffs' First Amended Complaint for Damages and demands strict proof 

thereof. 

Page 18 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 18 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

AFFIRMATIVE DEFENSES 

1. Plaintiffs have failed to comply with the necessary conditions 

precedent for bringing this action under Fla. Stat. 766.106, and therefore 

Plaintiffs' claims should be dismissed with prejudice. 

2. Plaintiffs have failed to comply with the pre-suit notice requirements 

of Florida Statutes, Chapter 768.28 prior to filing this action and therefore 

Plaintiffs' claims should be dismissed. 

3. At all times material hereto, Plaintiff, DAVID CLEGG, conducted 

himself in a careless and negligent manner; said negligence is a contributing 

and/or the sole legal proximate cause of the injuries and damages complained of, 

and the Plaintiffs, therefore, are barred from recovery against this Defendant or, in 

the alternative, the damages for recovery should be reduced by the doctrine of 

comparative negligence. 

4. At all times material hereto, the within alleged incident occurred 

above and beyond the foresight of reasonably prudent persons and was caused by 

actions and/or omissions of third persons and conditions beyond the control of this 

Defendant. Therefore, the Plaintiffs are barred from recovery against this 

Defendant. 

5. This Defendant was not deliberately indifferent to Plaintiff David 

Clegg's medical and/or mental health care needs and therefore Plaintiffs' claims 

should be dismissed. 

Page 19 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 19 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

6. Plaintiff David Clegg has been the recipient of or, in the alternative, 

is entitled to receive, certain collateral source benefits and, as such, any recovery 

in this cause should be reduced by any collateral source benefits either paid or 

payable. 

7. This Defendant states that in the event of a judgment for the 

Plaintiffs, this Defendant is entitled to have the judgment made payable in 

accordance with the alternative methods of payment of damages provisions of 

Florida Statute, ' 768.78. 

8. The respective liability, if any, of this Defendant are governed by the 

provisions of Fla. Stat. 768.81. 

9. Pursuant to Fabre v. MarM, 623 So. 2d 1182 (Fla. 1993), and Fla. 

Stat. 768.81, this Defendant reserves the right to place a non-party, on the verdict 

fonn at trial as a joint tortfeasor, whose fault caused or contributed to the subject 

incident and/or the damages allegedly sustained by the Plaintiffs. 

10. This Defendant specifically pleads the benefits of all provisions of 

the Florida Tort Reform Act of 2003, including, but not limited to, Florida Statute, 

766.118, which provides a limitation of non-economic damages. 

11. This Defendant states that Plaintiffs' alleged damages were not 

caused by the acts or omissions of this Defendant or any employees of this 

Defendant. 

Page 20 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 20 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

12. This Defendant states that it is entitled to sovereign immunity as set 

forth in 768.28, Florida Statutes. 

13. This Defendant reserves its right to amend and assert additional its 

affirmative defenses, pending the outcome of future discovery in this action. 

WHEREFORE, having responded to Plaintiffs' First Amended Complaint 

for Damages, this Defendant requests that all claims in this matter be dismissed 

and that Plaintiffs bear all costs in this action. 

DEMAND FOR JURY TRIAL 

THE DEFENDANT DEMANDS TRIAL BY JURY OF ALL ISSUES 

TRIABLE AS OF RIGHT BY JURY. 

Page 21 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 21 of 23
CLEGG V DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4:10cv81-RH/WCS 

CERTIFICATE OF SERVICE 

I hereby certify that on September 17, 2010 the foregoing document was 

electronically filed with the Clerk of the Court using the CM/ECF. I further 

certify that the forgoing document is being served this day on all counsel of record 

on the attached Service List in the manner specified, either via transmission of 

Notices of Electronic Filing generated by CM/ECF or in some other authorized 

manner for those counsel or parties who are not authorized to receive 

electronically, Notices of Electronic Filing. 

/s/ Jonathan C. Abel, Esquire 

Florida Bar No.: 370721 

jabel@conroysimberg.corn 

John S. Stevens, Esquire 

Florida Bar No.: 64487 

I stevens conroysimberg.corn 

CONROY, SIMBERG, GANON, 

KREVANS, ABEL, LURVEY, 

MORROW, & SCHEFER, P.A. 

3440 Hollywood Boulevard 

Second Floor 

Hollywood, FL 33021 

954-961-1400 - Telephone 

954-967-8577 - Facsimile 

Attorney for Defendants, 

DEPARTMENT OF JUVENILE 

JUSTICE, GULF COAST 

TREATMENT CENTER, INC., ASHER 

ZASLAW, JOHANA PEREZ, KEITH 

WILLIAMS, KELBY RAMER, 

DONNA BAREFOOT, and ROBERT 

ELLIS. 

Page 22 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 22 of 23
CLEGG V. DEPARTMENT OF JUVENILE JUSTICE, et. al 

Case No. 4: l Ocv8 -RH/WCS 

SERVICE LIST 

Clegg v. Department of Juvenile Justice, et. al 

Case No. 4:10cv8l-RH/WCS 

United States District Court 

Northern District of Florida 

Tallahassee Division 

Karen A. Gievers, Esq. 

524 East College Avenue, Suite 2 

Tallahassee, FL 32301 

850-222-1961 

Fax: 850-222-2153 

Email:KGievers@KarenGievers.com 

Roy D. Wasson, Esq. 

Annabel C. Majewski, Esq. 

Wasson & Associates, Chartered 

Courthouse Plaza, Suite 600 

28 West Flagler Street 

Miami, FL 33130 

T - 305-666-5053 

F — 305-666-9511 

Fla. Bar No.: 332070 

roy@wassonandassociates.corn 

annabel@wassonandassociates.coin 

Michael J. Thomas, Esq. 

rnike@penningtonlaw.com 

Pennington, Wilkinson, Moore, Bell, & Dunbar, P.A. 

215 South Monroe Street, 2nd Floor 

Tallahassee, FL 32301 

Served via US MAIL 

and to mike@penningtonlaw.corn 

Service to all counsel via transmission of Notices of Electronic Filing generated 

by CM/ECF. 

Page 23 of 23 

Case 4:10-cv-00081-RH -WCS Document 38 Filed 09/17/10 Page 23 of 23