Free Answer to Complaint - District Court of Connecticut - Connecticut

Case 3:00-cv-00052-RNC

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. TOWN OF NORTH BRANFORD

: : : : : : :

NO.: 3:01CV229 (RNC)

MAY 31, 2005

ANSWER AND AFFIRMATIVE DEFENSES INTRODUCTION 1. As to paragraph 1, the defendant admits this is a companion case,

but denies a Town policy or practice caused Ms. Cooper's death. 2. As to paragraph 2, the defendant does not have sufficient knowledge or

information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof.

PARTIES 1. As to paragraphs 3, 4 and 5, the defendant does not have sufficient

knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof.

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FACTUAL BACKGROUND 1. As to paragraphs 5, 6, 7, 9, 10, 12, 14, 17, 18, 19, 20, 22, 24, 25, 27, 31,

32 and 33, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 2. That portion of paragraph 8 which states: "Michael Breen, who was on

duty as a police officer, followed the Camaro and pulled it over on Route 80" is admitted. As to the remainder of paragraph 8, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 3. 4. 5. Paragraphs 11, 15, 23, 34 and 35 are denied. Paragraphs 13 and 16 are admitted, As to paragraph 21, the defendant admits that Officer Breen was trying

to disable and/or deter Ms. Cooper, as a means of eliminating the threat posed by the Camaro heading toward him. 6. As to paragraph 26, it is admitted that Ms. Cooper was not struck. As to

the remainder of paragraph 26, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 7. As to paragraph 28, it is admitted that Breen remained in the right hand

lane, and that he fired a second shot one second after firing the first shot. 8. As to paragraph 29, it is admitted that Breen fired a second shot, and

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that Breen was in front of the Camaro when he made the decision to fire and began to squeeze the trigger. 9. As to paragraph 30, It is admitted that Breen's second shot struck Ms.

Cooper, causing her death.

CONSTITUTIONAL VIOLATIONS BY THE TOWN OF NORTH BRANFORD 1. 2. Paragraphs 36 and 37 are denied. That portion of paragraph 38 which states: "As a direct and proximate

result of the unconstitutional policies and customs of the defendant" is denied. As to the remainder of paragraph 38, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof.

FIRST CLAIM - 42 U.S.C. §1983 1. Paragraph 39 is denied.

SECOND CLAIM - VIOLATION OF THE CONNECTICUCT CONSTITUTION 1. Paragraph 40 is denied.

THIRD CLAIM - WILLFUL AND WANTON CONDUCT 1. Paragraph 41, is denied.

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AFFIRMATIVE DEFENSES

First Affirmative Defense to First Claim Plaintiff's complaint fails to state a claim upon which relief may be granted. First Affirmative Defense to Second Claim Plaintiff's complaint fails to state a claim upon which relief may be granted. First Affirmative Defense to Third Claim Plaintiff's complaint fails to state a claim upon which relief may be granted. DEFENDANT, TOWN OF NORTH BRANFORD

By__/s/ Thomas R. Gerarde____ Thomas R. Gerarde, ct05640 John J. Radshaw, III, ct19882 Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 fax

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CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail to the following counsel of record this 31st day of May, 2005.

David N. Rosen, Esquire Rosen & Dolan, PC 400 Orange Street New Haven, CT 06511 William H. Clendenen, Jr., Esquire Clendenen & Shea, LLC P.O. box 301 New Haven, CT 06502 ___/s/ Thomas R. Gerarde____ Thomas R. Gerarde