Free Answer to Complaint - District Court of Connecticut - Connecticut

Case 3:01-cv-02298-SRU

Document 85

Filed 11/21/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JANE DOE, JR., et al. Plaintiffs, vs. CITY OF WATERBURY, et al. Defendants. SUSAN ROE, JR., et al. Plaintiffs, vs. CITY OF WATERBURY, et al. Defendants. : : : : : Master Consolidated (Lead Case) Civil 3:01CV2298 (SRU)

: : : : : :

NO.: 3:03CV00571(SRU) (Member Case)

NOVEMBER 18, 2005

ANSWER AND AFFIRMATIVE DEFENSE TO COMPLAINT DATED AUGUST 1, 2005 IN 3:03 CV 571

PRELIMINARY STATEMENT: The defendant has insufficient knowledge or information with which to form an opinion or belief and leaves the plaintiff to her proof. COUNT ONE ­ FEDERAL LAW CLAIMS JURISDICTION 1) As to Paragraph 1 the defendant has insufficient knowledge or information with which to

form an opinion or belief and leaves the plaintiff to her proof. THE PARTIES 2) 3) Paragraph 2 is admitted. The defendant admits that "[Giordano] is sued only in his individual capacity". The

remainder of Paragraph 3 is denied.

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985

Case 3:01-cv-02298-SRU

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4) 5)

Paragraph 4 is denied. The defendant denies so much of Paragraph 5 as alleges, "had as its final policy maker in

the areas of safety, law enforcement, political rights and social issues the co-defendant Mayor." The remainder of Paragraph 5 is admitted. FACTS 6-10) As to the allegations contained in Paragraphs 6, 7, 8, 9 and 10, the defendant has insufficient knowledge or information with which to form an opinion or belief and leaves the plaintiff to her proof. 11) Paragraph 11 is denied.

12-13) As to the allegations contained in Paragraphs 12 and 13, the defendant has insufficient knowledge or information with which to form an opinion or belief and leaves the plaintiff to her proof. 14) The defendant denies so much of Paragraph 14 as alleges, "the Mayor's City issued

police cruiser". As to the remaining allegations contained in Paragraph 14, the defendant has insufficient knowledge or information with which to form an opinion or belief and leaves the plaintiff to her proof. 15-19) As to the allegations contained in Paragraphs 15, 16, 17, 18 and 19, the defendant has insufficient knowledge or information with which to form an opinion or belief and leaves the plaintiff to her proof. 20-21) Paragraphs 20 and 21 are admitted. 22) Paragraph 22 is denied.

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985

Case 3:01-cv-02298-SRU

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Filed 11/21/2005

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23-24) Paragraphs 23 and 24 are admitted. 25-26) As to the allegations contained in Paragraphs 25 and 26 the defendant has insufficient knowledge or information with which to form an opinion or belief and leaves the plaintiff to her proof. 27) 28) Paragraph 27 is admitted. As to the allegations contained in Paragraph 28 the defendant has insufficient knowledge

or information with which to form an opinion or belief and leaves the plaintiff to her proof. 29-38) Paragraphs 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38 are admitted. 39-43) Paragraphs 39, 40, 41, 42 and 43 are denied. COUNT TWO ­ STATE LAW CLAIMS: 1-2) As to the allegations contained in Paragraphs 1 and 2 the defendant has insufficient

knowledge or information with which to form an opinion or belief and leaves the plaintiff to her proof. 3-42) Paragraphs 3 through 42 of Count Two are responded to as in Paragraphs 3-42 of Count One as if fully set forth herein. 43-45) As to the allegations contained in Paragraphs 43, 44 and 45, the defendant has insufficient knowledge or information with which to form an opinion or belief and leaves the plaintiff to her proof. 46) Paragraph 46 is denied.

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985

Case 3:01-cv-02298-SRU

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AFFIRMATIVE DEFENSE Plaintiff's claims are barred by the doctrine of governmental immunity.

DEFENDANT: City of Waterbury

BY: ______________________________ Elliot B. Spector Federal Bar #ct05278 Noble, Spector, Young & O'Connor One Congress Street Hartford, CT 06114 Phone: 860-525-9975 Fax: 860-525-9985 [email protected]

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985

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CERTIFICATION This is to certify that a copy of the foregoing has been mailed, postage prepaid, to the following counsel of record this 18th day of November, 2005.

For the Plaintiffs, Jane Doe, Sr. & Jane Doe, Jr., ppa Erskine D. McIntosh, Esquire Law Offices of Erskine D. McIntosh P.O. Box 185789 Hamden, CT 06518 Michael Stanton Hillis, Esquire Dombroski, Knapsack & Hillis 129 Whitney Avenue New Haven, CT 06510 For the Defendant, Philip Giordano Andrew B. Bowman, Esquire Law Offices of Andrew Bowman 1804 Post Road East Westport, CT 06880 Michael W. Mackniak, Esquire 87 Meadow Street Naugatuck, CT 06770 Gerald Lewis Harmon, Esquire 290 Pratt Street Meriden, CT 06450 Allison Louise Jacobs, Esquire 84 Sherman Avenue Hamden, CT 06518 Lynn Jenkins, Esquire 129 York Street, Apt. 8-L New Haven, CT 06511

________________________________ Elliot B. Spector

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985

Case 3:01-cv-02298-SRU

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Clerk's Office United States District Court 915 Lafayette Boulevard Bridgeport, CT 06604

NOBLE, SPECTOR, YOUNG & O'CONNOR, P.C. · ATTORNEYS AT LAW ONE CONGRESS STREET · HARTFORD CT 06114-1067 · JURIS NO. 409138 · TEL: (860) 525-9975 · FAX: (860) 525-9985