Free Answer to Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-00949-JCH

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT EDWARD ROOT, PLAINTIFF V. TIMOTHY LISTON, DEFENDANT : : : : : : : CIVIL NO. 3:03CV949(JCH)

FEBRUARY 18, 2004

DEFENDANT LISTON'S ANSWER TO THE PLAINTIFF'S COMPLAINT Pursuant to Rule 8 of the Federal Rules of Civil Procedure, the Defendant, Assistant State's Attorney Timothy Liston, hereby files this Answer to the plaintiff's Complaint dated May 27, 2003, as it pertains to this action, as follows: 1. denied. 2. denied. 3. admitted. 4. admitted. 5. As to the allegations contained in paragraph five of the Complaint that "[o]n or As to the allegations contained in paragraph four the Complaint, they are As to the allegations contained in paragraph three of the Complaint, they are As to the allegations contained in paragraph two of the Complaint, they are As to the allegations contained in paragraph one of the Complaint, they are

about July 27, 2001, the plaintiff was arrested at the Superior Court for the Judicial District of Middletown pursuant to a warrant for a Failure to Appear in Court[ ]", and that the criminal charge for which the plaintiff had failed to appear was driving under suspension, are admitted. All remaining allegations contained in this paragraph are denied. 6. As to the allegation contained in paragraph six of the Complaint, that "[a] Judge

of the Superior Court for the State of Connecticut set a bond of $1,000", is admitted. As to all

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remaining allegations contained in this paragraph, the defendant denies knowledge or information sufficient to form a belief and leaves the plaintiff to his proof. 7. admitted 8. As to the allegations contained in paragraph eight of the Complaint, the defendant As to the allegations contained in paragraph seven of the Complaint, they are

denies knowledge or information sufficient to form a belief and leaves the plaintiff to his proof. 9. As to the allegations contained in paragraph nine of the Complaint, the defendant

denies knowledge or information sufficient to form a belief and leaves the plaintiff to his proof. 10. As to the allegations contained in paragraph ten of the Complaint, the defendant

denies knowledge or information sufficient to form a belief and leaves the plaintiff to his proof. 11. admitted. 12. As to the allegations contained in paragraph twelve of the Complaint, the As to the allegations contained in paragraph eleven of the Complaint, they are

defendant denies knowledge or information sufficient to form a belief and leaves the plaintiff to his proof. 13. As to the allegations contained in paragraph thirteen of the Complaint, the

defendant denies knowledge or information sufficient to form a belief and leaves the plaintiff to his proof. 14. As to the allegations contained in paragraph fourteen of the Amended Complaint,

the defendant denies knowledge or information sufficient to form a belief and leaves the plaintiff to his proof. 15. As to the allegations contained in paragraph fifteen of the Amended Complaint,

the defendant denies knowledge or information sufficient to form a belief and leaves the plaintiff to his proof.

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16. denied. 17. denied. 18. denied.

As to the allegations contained in paragraph sixteen of the Complaint, they are

As to the allegations contained in paragraph seventeen of the Complaint, they are

As to the allegations contained in paragraph eighteen of the Complaint, they are

CLAIMS FOR DAMAGES Wherefore, with respect to the plaintiff's claims for damages: a. As to the plaintiff's request for relief in paragraph "a" of this subsection of

the Complaint, it is denied. b. As to the plaintiff's request for relief in paragraph "b" of this subsection of

the Complaint, it is denied. c. As to the plaintiff's request for relief in paragraph "c" of this subsection of

the Complaint, it is denied. d. As to the plaintiff's request for relief in paragraph "d" of this subsection of

the Complaint, it is denied.

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AFFIRMATIVE DEFENSES Pursuant to Rules 7 and 12 of the Federal Rules of Civil Procedure, the aforementioned defendant raises the following affirmative defenses to the allegations contained in the plaintiff's Complaint. FIRST AFFIRMATIVE DEFENSE The plaintiff's Complaint fails to state a claim upon which relief can be granted for fraud. SECOND AFFIRMATIVE DEFENSE The plaintiff's Complaint fails to state a claim upon which relief can be granted for a violation of the Eighth Amendment to the United States Constitution. THIRD AFFIRMATIVE DEFENSE The plaintiff's Complaint fails to state a claim upon which relief can be granted for a violation of the Fourth Amendment to the United States Constitution

FOURTH AFFIRMATIVE DEFENSE The plaintiff's Complaint fails to state a claim upon which relief can be granted for the intentional infliction of emotional distress. FIFTH AFFIRMATIVE DEFENSE At all times relevant to this lawsuit, the defendant acted in his capacity as a Connecticut State's Attorney and therefore is entitled to prosecutorial immunity.

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SIXTH AFFIRMATIVE DEFENSE At all times relevant to this lawsuit, the defendant carried out his duties with the reasonably good faith belief that he was acting lawfully, and therefore is entitled to qualified immunity. SEVENTH AFFIRMATIVE DEFENSE With respect to the plaintiff's state law claims, at all times relevant to the Complaint, the defendant was a state employee whose conduct was within the scope of his duties, and were not wanton, reckless or malicious. He is therefore immune from liability pursuant to Conn. Gen. Stat. § 4-165.

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DEFENDANT TIMOTHY LISTON. RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

_____________________________ Robert B. Fiske, III Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Tel.: (860) 808-5450 Federal Bar No. #ct17831 e-mail: [email protected]

CERTIFICATION I hereby certify that a copy of the foregoing was mailed this, the 18th day of February, 2004, by first class postage prepaid, to: Mr. Norman Pattis, Esq. Williams & Pattis, LLC 51 Elm Street, Suite 409 New Haven, CT 06510 ___________________________ Robert B. Fiske, III Assistant Attorney General

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