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

Case 3:03-cv-00943-AWT

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Filed 08/18/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

GARY SESSION Plaintiff, vs. CITY OF NEW HAVEN, STEPHEN COPPOLA & EDWIN RODRIGUEZ Defendants.

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CIVIL NO. 3:03 CV 00943 (AWT)

AUGUST 16, 2005

DEFENDANT CITY OF NEW HAVEN'S ANSWER AND AFFIRMATIVE DEFENSES TO REVISED COMPLAINT BY WAY OF ANSWER NATURE OF THE ACTION 1. 2. 3. Paragraph 1 is denied. Paragraph 2 is denied. As to the allegations of Paragraph 3, the portion of the paragraph that

reads, "it is further alleged that these violations and torts were committed as a result of policies and customs of the City of New Haven" is denied. As to the remainder of

Paragraph 3, the defendant City of New Haven ("City") has no response as the allegations are directed to other defendants.

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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PARTIES 4. As to the allegations set forth in Paragraph 4, the defendant City has

insufficient information upon which to form a belief, and, therefore, leaves the plaintiff to his burden of proof. 5. 6. FACTS 7-17. As to the allegations set forth in Paragraphs 7 through 17, the defendant City has insufficient information upon which to form a belief, and, therefore, leaves the plaintiff to his burden of proof. 18. As to the allegations set forth in Paragraph 18, the defendant City does not Paragraph 5 is admitted. Paragraph 6 is admitted.

have a response because the allegations are directed to other defendants. COUNT ONE: (As to the defendant City) 19-22. Paragraphs 19 through 22 are in all aspects denied.

COUNT TWO: (As to the defendant City) 23-24. Paragraphs 23 and 24 are 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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COUNT THREE: (As to the defendant City) 25. Paragraph 25 is denied.

COUNTS FOUR THROUGH NINE: (As to the defendants Rodriguez and Coppola) The defendant City has no response to the allegations in Counts Four through Nine as they are directed to other defendants.

BY WAY OF AFFIRMATIVE DEFENSE FIRST AFFIRMATIVE DEFENSE: (For Counts One Through Three) The complaint fails to state a cause of action. SECOND AFFIRMATIVE DEFENSE: (For Counts One Through Three) The defendant City is entitled to common law and statutory governmental immunity pursuant to Connecticut General Statutes §52-557n. THE DEFENDANT CITY OF NEW HAVEN BY:/s/______________________ Jonathan H. Beamon Assistant Corporation Counsel 165 Church Street, 4th Floor New Haven, CT 06510 (203) 946-7966 Fax: (203) 946-7942 Federal Bar No. ct22937 E-mail: [email protected]

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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CERTIFICATION I hereby certify that a copy of the foregoing Answer and Affirmative Defenses was mailed on August 16, 2005 to the following counsel of record, to wit: David S. Feldman, Esq. Philip Russell, P.C. 71 Lewis Street Greenwich, CT 06830 Stephanie S. Baier, Esq. Susman, Duffy & Segaloff, P.C. P.O. Box 1684 New Haven, CT 06507-1684 /s/________________________ Jonathan H. Beamon Assistant Corporation Counsel

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