Opinion

Jackson v. Pagan

Court
District Court, S.D. New York
Filed
Nov 18, 2020
Cited by
0 cases
Authority
More cited than 27.2%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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