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Case 3:09-cv-00133-DRH-PMF Document 6 Filed 05/01/09 Page 1 of 5 Page ID #20

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BETTY D. COOK,

Plaintiff,

-vs-

ILLINOIS DEPARTMENT
OF CORRECTIONS,

Defendant.

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No. 09-133-DRH

ANSWER

NOW COMES Defendant, ILLINOIS DEPARTMENT OF CORRECTIONS, by and through

its attorney, LISA MADIGAN, Attorney General for the State of Illinois, and Answers Plaintiff’s

Complaint as follows:

COUNT I

(ADEA Action)

1.

Defendant admits that Plaintiff purports to being an action pursuant to 29 U.S.C.A

§621, but denies that Plaintiff has any meritorious claims in law or in fact.

2.

Defendant admits that Plaintiff was employed as a Correctional Counselor at the

Centralia Correctional Center from at least March 2007 until May 30, 2008.

3.

4.

Defendant denies the allegations contained in paragraph 3 of the Complaint.

Defendant admits that Warden Casey was Plaintiff’s supervisor from January 15,

2005 until Warden Casey retired in July 2007.

5.

6.

Defendant denies the allegations contained in paragraph 5 of the Complaint.

Defendant admits that while Plaintiff was working as a Correctional Counselor II she

was qualified for that position. To the extent alleged, Defendant denies that Plaintiff consistently

met all of the performance expectations of her position.

Case 3:09-cv-00133-DRH-PMF Document 6 Filed 05/01/09 Page 2 of 5 Page ID #21

7.

8.

Defendant denies the allegations contained in paragraph 7 of the Complaint.

Defendant denies engaging in harassment of Plaintiff as alleged in paragraph 8 of the

Complaint. Defendant further denies that Plaintiff was forced to retire as alleged in paragraph 8 of

the Complaint. Defendant has insufficient knowledge to admit or deny the remaining allegations in

paragraph 8 of the Complaint.

9.

Defendant denies the allegations contained in paragraph 9 of the Complaint.

Defendant further denies that Plaintiff was damaged and is entitled to any of the relief requested in

paragraph 9 of the Complaint.

Defendant denies that Plaintiff is entitled to the relief requested in Count I of the Complaint.

(Illinois Department of Human Rights Action)

COUNT II

Defendant has moved to dismiss Count II under the doctrine of sovereign immunity and also

because exclusive jurisdiction over the claims in Count II lies with the Illinois Human Rights

Commission. As such, Defendant does not answer any of the allegations or claims in Count II of

Plaintiff’s Complaint.

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Case 3:09-cv-00133-DRH-PMF Document 6 Filed 05/01/09 Page 3 of 5 Page ID #22

AFFIRMATIVE DEFENSES

1.

This Court has no jurisdiction over Plaintiff’s claims to the extent those claims were

not included in a timely complaint before the Equal Employment Opportunity Commission.

2.

Defendant exercised reasonable care to prevent and correct promptly any known

harassing behavior.

3.

Plaintiff’s claims are barred to the extent she did not take advantage of preventative,

remedial, or corrective opportunities provided to her.

4.

Some or all of Plaintiff’s claims may be time-barred.

Respectfully submitted,

ILLINOIS DEPARTMENT OF CORRECTIONS,

Defendant,

LISA MADIGAN, Attorney General,
State of Illinois,

/s/Joanna Belle Gunderson
JOANNA BELLE GUNDERSON
Illinois Bar # 6286292
Assistant Attorney General
Attorney for Defendant
500 South Second Street
Springfield, IL 62706
Telephone: (217) 782-1841
Facsimile: (217) 524-5091
[email protected]

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Case 3:09-cv-00133-DRH-PMF Document 6 Filed 05/01/09 Page 4 of 5 Page ID #23

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BETTY D. COOK,

Plaintiff,

-vs-

ILLINOIS DEPARTMENT
OF CORRECTIONS,

Defendant.

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No. 09-133-DRH

Certificate of Service

I hereby certify that on May 1, 2009, I electronically filed the foregoing Answer with the

Clerk of Court using the CM/ECF system which will send notification of such filing to the following

counsel of record for Plaintiff:

Thomas O. Falb
[email protected]

and I hereby certify that on May 1, 2009, I mailed by United States Postal Service, the document to

the following non-registered participant:

NONE

Respectfully submitted,

/s/Joanna Belle Gunderson
JOANNA BELLE GUNDERSON
Illinois Bar # 6286292
Assistant Attorney General
500 South Second Street
Springfield, IL 62706
Telephone: (217) 782-1841
Facsimile: (217) 524-5091
[email protected]

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