Free Answer to Amended Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-01025-EBB

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Filed 02/24/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ARNOLD L. WHITAKER Plaintiff VS. WAYNE BULLOCK, MICHAEL PUNZO & SCOTT DURKIN Defendants : : : : : : : :

CIVIL NO. 3:03 CV 1025 (JCH)

FEBRUARY 24, 2004

DEFENDANT'S ANSWER AND AFFIRMATIVE DEFENSES TO AMENDED COMPLAINT 1. As to the allegations of Paragraph 1, the plaintiff cites a legal conclusion to

which no response is required. 2. As to the allegations of Paragraph 2, the plaintiff cites a legal conclusion to

which no response is required. 3. 4. 5. Paragraph 3 is admitted. The defendants admit the allegations of Paragraph 4. The defendants admit that they were acting under color of law as that term

has been defined by the Federal courts. 6. 7. Paragraph 6 is denied. Paragraph 7 is admitted.

OFFICE OF THE CORPORATION COUNSEL · CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 · Facsimile (203) 946-7942 · Juris No. 42715

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8. 9. 10. 11.

Paragraph 8 is admitted. Paragraph 9 is admitted. Paragraph 10 is admitted. As to the allegations of Paragraph 11, the defendants deny the portions of

the paragraph that read "without provocation'' and "assaulting." The defendants admit that "the plaintiff was struck with a police baton," that he "was knocked to the ground" and that he was "punched in the face." As to the remainder of the Paragraph 11, the

defendants have insufficient information upon which to form a belief, and therefore, leave the plaintiff to his burden of proof. 12. As to the allegations of Paragraph 12, the defendants have insufficient

information upon which to form a belief, and therefore, leave the plaintiff to his burden of proof. 13. 14. Paragraph 13 is admitted. As to the allegations of Paragraph 14, the defendants have insufficient

information upon which to form a belief, and therefore, leave the plaintiff to his burden of proof. 15. Paragraph 15 is denied.

OFFICE OF THE CORPORATION COUNSEL · CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 · Facsimile (203) 946-7942 · Juris No. 42715

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16.

As to the allegations of Paragraph 16, the defendants have insufficient

information upon which to form a belief, and therefore, leave the plaintiff to his burden of proof. 17. 18. 19. Paragraph 17 is denied. Paragraph 18 is denied. Paragraph 19 is denied. BY WAY OF AFFIRMATIVE DEFENSE FIRST AFFIRMATIVE DEFENSE: At all relevant times, the defendants were government employees whose actions were discretionary, and additionally, one or both of the following would apply: (a) The defendants' actions did not violate any of the plaintiff's clearly established rights under the constitution and laws of the United States; (b) it was objectively reasonable for the defendants to believe that their actions were lawful. The defendants are entitled to qualified immunity from suit for the actions alleged. SECOND AFFIRMATIVE DEFENSE: The plaintiff's complaint fails to state a claim upon which relief can be granted.

OFFICE OF THE CORPORATION COUNSEL · CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 · Facsimile (203) 946-7942 · Juris No. 42715

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THE DEFENDANTS

BY:________________________ Jonathan H. Beamon Assistant Corporation Counsel 165 Church Street, 4th Floor New Haven, CT 06510 Federal Bar No. ct22937 E-mail: [email protected]

CERTIFICATION This is to certify that on this _____ day of February, 2004, a copy of the foregoing has been mailed or delivered to the following counsel of record: Dawne Westbrook, Esq. P.O Box 2502 Middletown, CT 06457 ____________________________ Jonathan H. Beamon

OFFICE OF THE CORPORATION COUNSEL · CITY OF NEW HAVEN 165 Church Street, New Haven, CT 06510 Telephone (203) 946-7958 · Facsimile (203) 946-7942 · Juris No. 42715