Defendants’ Answer to Plaintiffs’ Second Amended Complaint Page 1

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

CHRISTOPHER DANIEL McNOSKY, Plaintiff, SVEN STRICKER, Plaintiff, v.

TEXAS GOVERNOR RICK PERRY, et al

Defendants.

' ' ' ' ' ' ' ' '

Case No. A13-CV-0631 SS

DEFENDANTS’ ANSWER TO PLAINTIFFS’ SECOND AMENDED COMPLAINT

TO THE HONORABLE SAM SPARKS:

Defendants Texas Governor Rick Perry and Texas Attorney General Greg Abbott

make this Answer to Plaintiffs’ Second Amended Complaint, and would respectfully

show the Court the following:

ANSWER

Pursuant to Federal Rule of Civil Procedure 8(b), Defendants deny each and every

allegation contained in Plaintiffs’ Second Amended Complaint except for those expressly

admitted herein.

1. Deny.

2. Admit this Court has jurisdiction to decide Fourteenth Amendment Due Process

cases, but deny as to any application to these Defendants.

3. Defendants lack sufficient knowledge of where Plaintiff resides.

4. Defendants lack sufficient knowledge of where Plaintiff resides.

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Defendants’ Answer to Plaintiffs’ Second Amended Complaint Page 2

5. Admit that Defendant Perry is Governor, with Constitutional duties but deny the

balance of these allegations.

6. Admit that Defendant Abbott is Attorney General with Constitutional duties, but

deny the balance of the allegations.

7. Defendants lack sufficient information to admit or deny.

8. Defendants lack sufficient information to admit or deny.

9. No factual allegations are made.

10. No factual allegations are made.

11. Deny.

12. Deny.

13. Deny.

14. Defendants lack sufficient information to admit or deny.

15. Defendants lack sufficient information to admit or deny.

16. Defendants lack sufficient information to admit or deny.

17. Deny.

18. Deny.

DEFENDANT’S AFFIRMATIVE DEFENSES

Pleading further, Defendants Governor Perry and General Abbott assert that they

are entitled to the following affirmative defenses:

1. Defendants assert Eleventh Amendment immunity to all claims asserted herein.

PRAYER

Defendants Perry and Abbott pray that Plaintiffs McNosky and Stricker go hence without

day.

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Defendants’ Answer to Plaintiffs’ Second Amended Complaint Page 3

Respectfully Submitted,

GREG ABBOTT Attorney General of Texas DANIEL T. HODGE First Assistant Attorney General DAVID C. MATTAX

Deputy Attorney General for Defense Litigation

JAMES “BEAU” ECCLES Division Chief - General Litigation s/ William T. Deane

WILLIAM T. DEANE Texas Bar No. 05692500 Assistant Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 (512) 936-1534 (512) 320-0667 FAX ATTORNEY FOR DEFENDANTS

PERRY AND ABBOTT

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing instrument has been sent via certified mail, return receipt requested on this 23rd day of October 2013, to:

Christopher Daniel McNosky Mary Louise Garcia 5108 Pleasant Run Office of Public Records and Civil Courts Colleyville, Texas 76034 1895 Courthouse 100 W. Weatherford Fort Worth, TX 76196 Sven Stricker 3047 Bent Tree Ct Bedford, Texas 76021

/s/ William T. Deane WILLIAM T. DEANE

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