Case 1:13-cv-00631-SS Document 13 Filed 10/23/13 Page 1 of 3

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

Case No. A13-CV-0631 SS

cases, but deny as to any application to these Defendants. 3. 4. Defendants lack sufficient knowledge of where Plaintiff resides. Defendants lack sufficient knowledge of where Plaintiff resides.

Defendants Answer to Plaintiffs Second Amended Complaint

Page 1

Case 1:13-cv-00631-SS Document 13 Filed 10/23/13 Page 2 of 3

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. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Defendants lack sufficient information to admit or deny. Defendants lack sufficient information to admit or deny. No factual allegations are made. No factual allegations are made. Deny. Deny. Deny. Defendants lack sufficient information to admit or deny. Defendants lack sufficient information to admit or deny. Defendants lack sufficient information to admit or deny. Deny. Deny. DEFENDANTS 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.
Defendants Answer to Plaintiffs Second Amended Complaint Page 2

Case 1:13-cv-00631-SS Document 13 Filed 10/23/13 Page 3 of 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 PERRY AND ABBOTT DEFENDANTS

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 5108 Pleasant Run Colleyville, Texas 76034 Sven Stricker 3047 Bent Tree Ct Bedford, Texas 76021 /s/ William T. Deane WILLIAM T. DEANE
Defendants Answer to Plaintiffs Second Amended Complaint Page 3

Mary Louise Garcia Office of Public Records and Civil Courts 1895 Courthouse 100 W. Weatherford Fort Worth, TX 76196