LITTLER MENDELSON, P.C. A P ROFESSIONAL C ORPORATION

Camelback Esplanade 

2425 East Camelback Road 

Suite 900 

Phoenix, AZ 85016 

602.474.3600 

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Mark Ogden; AZ Bar No. 017018

mogden@littler.com

Peter C. Prynkiewicz; AZ Bar No. 015256 

pprynkiewicz@littler.com

LITTLER MENDELSON, P.C. 

Camelback Esplanade 

2425 East Camelback Road, Suite 900 

Phoenix, AZ 85016 

Telephone: 602.474.3600 

Facsimile: 602.957.1801 

Attorneys for Defendant 

STATE OF ARIZONA 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

John Doe, 

Plaintiff, 

v. 

State of Arizona, 

Defendant. 

Case No. 2:18-cv-00384-GMS

DEFENDANT'S ANSWER TO 

PLAINTIFF’S COMPLAINT 

Defendant the State of Arizona hereby answers Plaintiff’s Complaint by admitting, 

denying, and affirmatively alleging as follows: 

1. Defendant admits that Plaintiff’s Complaint asserts a claim against it under 

Title VII as alleged in ¶ 1 of Plaintiff’s Complaint, but denies that it committed any acts 

giving rise to any liability to Plaintiff under Title VII or otherwise. 

2. Defendant admits the allegations in ¶ 2 of Plaintiff’s Complaint. 

3. Defendant admits the allegations in ¶ 3 of Plaintiff’s Complaint. 

4. Defendant lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in ¶ 4 of Plaintiff’s Complaint. 

5. Defendant admits the allegations in ¶ 5 of Plaintiff’s Complaint. 

6. Defendant lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in ¶ 6 of Plaintiff’s Complaint. 

Case 2:18-cv-00384-GMS Document 8 Filed 05/16/18 Page 1 of 4
LITTLER MENDELSON, P.C. A P ROFESSIONAL C ORPORATION

Camelback Esplanade 

2425 East Camelback Road 

Suite 900 

Phoenix, AZ 85016 

602.474.3600 

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7. Defendant denies that it owns and operates the Arizona Department of 

Corrections (the “Department”), but admits that the Department is a division/department of 

the State of Arizona and affirmatively asserts that the Department is a non-jural entity. 

8. Defendant admits the allegations in ¶ 8 of Plaintiff’s Complaint. 

9. Defendant denies the allegations in ¶ 9 of Plaintiff’s Complaint. 

10. Defendant denies the allegations in ¶ 10 of Plaintiff’s Complaint. 

11. Defendant lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in ¶ 11 of Plaintiff’s Complaint. 

12. Defendant denies the allegations in ¶ 12 of Plaintiff’s Complaint. 

13. Defendant lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in ¶ 13 of Plaintiff’s Complaint. 

14. Defendant denies the allegations in ¶ 14 of Plaintiff’s Complaint. 

15. Defendant denies the allegations in ¶ 15 of Plaintiff’s Complaint. 

16. Defendant denies the allegations in ¶ 16 of Plaintiff’s Complaint. 

17. Defendant lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in ¶ 17 of Plaintiff’s Complaint. 

18. Defendant denies the allegations in ¶ 18 of Plaintiff’s Complaint. 

19. Defendant lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in ¶ 19 of Plaintiff’s Complaint. 

20. Defendant denies the allegations in ¶ 20 of Plaintiff’s Complaint and 

affirmatively alleges that it had no knowledge of any alleged threat to Plaintiff’s safety, that 

Plaintiff was being subjected to any discriminatory harassment, and that Plaintiff refused to 

provide it with any information regarding any alleged problem he may have been 

experiencing. 

21. Defendant denies the allegations in ¶ 21 of Plaintiff’s Complaint and 

affirmatively alleges that Plaintiff’s attorney complained about alleged discriminatory 

treatment in June 2015 and requested that Plaintiff be transferred to the Department’s facility 

in Douglas, Arizona. 

Case 2:18-cv-00384-GMS Document 8 Filed 05/16/18 Page 2 of 4
LITTLER MENDELSON, P.C. A P ROFESSIONAL C ORPORATION

Camelback Esplanade 

2425 East Camelback Road 

Suite 900 

Phoenix, AZ 85016 

602.474.3600 

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22. Defendant denies the allegations in ¶ 22 of Plaintiff’s Complaint and 

affirmatively alleges that Plaintiff’s attorney specifically requested that Plaintiff be 

transferred to Douglas, Arizona, and the Department agreed to that request. 

23. Defendant denies the allegations in ¶ 23 of Plaintiff’s Complaint. 

24. Defendant denies the allegations in ¶ 24 of Plaintiff’s Complaint. 

25. Defendant denies the allegations in ¶ 25 of Plaintiff’s Complaint. 

26. Defendant denies the allegations in ¶ 26 of Plaintiff’s Complaint. 

27. Defendant denies the allegations in ¶ 27 of Plaintiff’s Complaint. 

28. Defendant denies the allegations in ¶ 28 of Plaintiff’s Complaint. 

29. Defendant denies the allegations in ¶ 29 of Plaintiff’s Complaint. 

30. Defendant denies that Plaintiff was subjected to any discriminatory treatment 

during his employment, but admits the remaining allegations in ¶ 30 of Plaintiff’s Complaint. 

31. Defendant lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in ¶ 31 of Plaintiff’s Complaint. 

32. Defendant denies each and every allegation in Plaintiff’s Complaint that it did 

not specifically admit. 

AFFIRMATIVE DEFENSES 

1. Plaintiff has failed to mitigate his alleged damages. 

2. To the extent Plaintiff is seeking punitive or exemplary damages, Defendant 

affirmatively alleges that it is not liable for any such punitive or exemplary damages under 

42 U.S.C. § 1981a(b)(1). 

3. Defendant exercised reasonable care to prevent and promptly correct any 

allegedly discriminatory or harassing behavior and Plaintiff unreasonably failed to take 

advantage of the preventive or corrective opportunities that Defendant provided. 

4. Plaintiff may not seek declaratory, injunctive, or equitable relief as a matter of 

law. 

Case 2:18-cv-00384-GMS Document 8 Filed 05/16/18 Page 3 of 4
LITTLER MENDELSON, P.C. A P ROFESSIONAL C ORPORATION

Camelback Esplanade 

2425 East Camelback Road 

Suite 900 

Phoenix, AZ 85016 

602.474.3600 

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5. Defendant reserves the right to amend its Answer to assert additional 

affirmative defenses that may be revealed during discovery, including those defenses listed 

in Rule 8(c) of the Federal Rules of Civil Procedure. 

WHEREFORE, having fully answered Plaintiff’s Complaint, Defendant prays for the 

dismissal of Plaintiff’s Complaint, for an award of its costs, and such other and further relief 

as the Court deems just and proper. 

RESPECTFULLY SUBMITTED this 16th day of May, 2018. 

s/ Peter C. Prynkiewicz 

Mark Ogden 

Peter C. Prynkiewicz 

LITTLER MENDELSON, P.C. 

Attorneys for Defendant 

State of Arizona 

I hereby certify that I electronically 

transmitted the attached document to the 

Clerk’s Office using the CM/ECF system 

for filing and transmittal of a Notice of 

Electronic Filing to the following CM/ECF 

registrants, and mailed a copy of same to 

the following if non-registrants, this 16th 

day of May, 2018. 

Stephen Montoya 

MONTOYA LUCERO & PASTOR, P.A. 

3200 N. Central Ave., Suite 2550 

Phoenix, AZ 85012 

Attorney for Plaintiff 

s/ Tisha A. Davis 

Firmwide:154384447.1 038059.1028 

Case 2:18-cv-00384-GMS Document 8 Filed 05/16/18 Page 4 of 4