The opinion
UNITED STATES DISTRICT COURT es
SOUTHERN DISTRICT OF NEW YORK \ \ | | WW
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THOMAS JACKSON, :
Plaintiff, :
: ORDER
Vv. :
: 20 CV 5176 (VB)
SERGEANT E. PAGAN : YT) □
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On November 17, 2020, the Court received a motion from plaintiff seeking the entry of
default judgment against defendant. (Doc. #17).
Plaintiff's motion is DENIED with prejudice. Defendant was served with summons and
notice of the complaint by mail on September 11, 2020. (See Doc. #10). As set forth on the notice
of service, pursuant to a local standing order, defendant had 60 days from the date he or his agent
mailed or delivered a completed acknowledgment of receipt of service to file and serve an answer or
other responsive pleading. According to the Acknowledgment of Receipt of Summons and
Complaint, (Doc. #10), defendant’s attorney acknowledged service on September 11, 2020.
Defendant therefore had until November 11, 2020 to file an answer or other responsive pleading.
Defendant timely filed an answer to the complaint on November 10, 2020. (Doc. #15).
Defendant also docketed proof of service on plaintiff by mail. (Doc. #15-1). Because the Court
recognizes plaintiff may not have received a copy of defendant’s answer, the Court has attached a
copy of the answer to this Order, which will be mailed to plaintiff at the address on the docket.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not
be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal.
Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
Chambers will mail a copy of this Order to plaintiff at the address on the docket.
The Clerk is instructed to terminate the motion (Doc. #17).
Dated: November 18, 2020
White Plains, NY
SO ORDERED:
Vincent L. Briccetti
United States District Judge
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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THOMAS JACKSON, :
Plaintiff, :
: 20-cv-5176(VB)
- against - :
: ANSWER
SERGEANT E. PAGAN, suing individual and in :
their official capacities,
Defendants. :
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Defendant Lieutenant, s/h/a Sergeant, Edgar Pagan (“Defendant”) hereby answers the
Complaint, filed July 2, 2020 (the “Complaint”), by Plaintiff Thomas Jackson (‘Plaintiff’) as
follows:
1. Defendant denies the allegation in Section I on Page 2 of the Complaint. !
2. Defendant denies knowledge or information sufficient to form a belief as to the
truth of the allegation contained in Section Il on Page 2 of the Complaint.
3. Defendant admits the allegation in Section III on Page 2 of the Complaint that
Plaintiff is a convicted and sentenced prisoner.
4, Defendant admits the allegation in Section IV on Page 3 of the Complaint to the
extent that he was a Sergeant at Sing Sing Correctional Facility at times relevant to the allegations.
5, Section V on Pages 4-5 of the Complaint contains legal conclusions as to which no
response is required. To the extent that Section V contains factual allegations to which a response
is required, Defendant denies the allegations except admits that he issued Plaintiff an Inmate
| Reference to the Complaint is made to pages as they appear on the ECF Docket (Dkt. No. 2),
which are numbered in the order of the filing. Where possible, reference is also made to section
headings identified on those pages.
Misbehavior Report on or about June 29, 2017 that charged Plaintiff with the following inmate
rule violations: 100.10 (assault on inmate), 104.11 (violent conduct), 104.13 (creating a
disturbance), 109.10 (out of place), and 113.10 (weapon).
6. Defendant denies that Plaintiff is entitled to any of the relief prayed for in Section
VI on Page 5 of the Complaint and denies any wrongdoing.
7. Defendant denies any remaining allegations in the Complaint.
DEFENSES
First Defense
8. Plaintiff has failed to state a claim or allege sufficient facts upon which relief can
be granted.
Second Defense
9. The Eleventh Amendment bars Plaintiff's claims for damages against Defendant to
the extent brought against him in his official capacities.
Third Defense
10. Defendant is entitled to qualified immunity for the claims asserted herein in that his
conduct did not violate clearly established law or it was objectively reasonable for him to believe
that his conduct did not violate clearly established law.
Fourth Defense
11. Plaintiff's claims may be barred in whole, or in part, by the doctrines of res judicata
and collateral estoppel.
Fifth Defense
12. Plaintiffs claims are barred by Plaintiffs failure to exhaust his administrative
remedies.
Sixth Defense
13. Plaintiff's conduct caused or contributed to, in whole or in part, his injuries and/or
damages.
Seventh Defense
14. Any state law claims, to the extent raised herein, are barred by New York
Correction Law § 24.
JURY DEMAND
15. Defendant demands a trial by jury.
CONCLUSION
WHEREFORE, Defendant demands judgment dismissing the Complaint with prejudice,
awarding him the costs of this action, and granting such other and further relief as the Court deems
just and appropriate.
Dated: Westchester County, NY
November 10, 2020
Respectfully submitted,
LETITIA JAMES
Attorney General
State of New York
Attorney for Defendant
By:_/s/ Deanna L. Collins
Deanna L. Collins
Assistant Attorney General
28 Liberty Street - 18th Floor
New York, NY 10005
(212) 416-8906
deanna.collins@ag.ny.gov
Copy mailed to:
Thomas Jackson (pro se)
DIN 12-A-3039
Upstate Facility
P.O. Box 2000
Malone, NY 12953
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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THOMAS JACKSON,
Plaintiff, :
: 20-cv-5176 (VB)
- against - :
: DECLARATION OF SERVICE
SERGEANT E. PAGAN, suing individually and in :
their official capacities :
Defendants. :
DEANNA L. COLLINS, an attorney duly admitted to practice in New York State
and this Court, pursuant to 28 U.S.C. § 1746, declares under penalty of perjury as follows:
On November 10, 2020, I served Defendant’s Answer upon:
Thomas Jackson
DIN 12-A-3039
Upstate Correctional Facility
P.O. Box 2000
Malone, NY 12953
by depositing a true and correct copy thereof, properly enclosed in a pre-paid wrapper, in
a post-office box regularly maintained by the government of the United States, directed to
the pro se plaintiff at the address within the State designated by him for that purpose.
/s Deanna L. Collins
Deanna L. Collins
Executed: Westchester County, NY
November 10, 2020