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

Case 3:01-cv-02298-SRU

Document 80

Filed 10/31/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JANE DOE, JR., PPA, JANE DOE SR., Individually, VS. CITY OF WATERBURY, PHILIP GIORDANO, in his capacity as MAYOR, CITY OF WATERBURY, PHILIP GIORDANO, Individually. :

: : :

CIVIL ACTION NO: 3:01CV2298(SRU)

October 28, 2005

ANSWER Philip Giordano for his answer, alleges the following: 1. Paragraph 1 is denied. 2. Paragraph 2 is denied. 3. Paragraph 3 is denied. 4. Paragraph 4 is denied. 5. Paragraph 5 is admitted to the extent that Philip Giordano was formerly the Mayor of the City of Waterbury, Connecticut. All other allegations are denied. 6. Paragraph 6 is denied. 7. This defendant lacks sufficient information upon which to form a belief and therefore denies the allegations. 8. Paragraph 8 is denied.

Case 3:01-cv-02298-SRU

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Filed 10/31/2005

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9. Paragraph 9 is denied. 10. Paragraph 10 is denied. 11-80. Paragraphs 11 ­ 80 are denied. COUNT TWO 81-90. Paragraphs 81-90 are denied. COUNT THREE 91-95. Paragraphs 91-95 are denied. COUNT FOUR 96-109. Paragraphs 96-109 are denied. COUNT FIVE 110-114. Paragraphs 110-114 are denied. COUNT SIX 115-118. Paragraphs 115-118 are denied. COUNT SEVEN 119-125. Paragraphs 119-125 are denied. COUNT EIGHT 126-130. Paragraphs 126-130 are denied.

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Case 3:01-cv-02298-SRU

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COUNT NINE 131-134. Paragraphs 131-134 are denied. COUNT TEN 135-138. Paragraphs 135-138 are denied. COUNT ELEVEN 139-142. Paragraphs 139-142 are denied. DEFENSES 1. Each cause of action alleged in the Amended Complaint fails to state a claim upon which relief may be granted. 2. The Court lacks subject matter jurisdiction. 3. The defendant did not act under color of law and therefore no damages may be awarded for any cause of action alleging deprivation of rights secured by the Constitution or by any statute enacted by Congress for the protection of civil rights including but not limited to 42 U.S.C. §1983, §1985, §1986 and no award for attorney's fees may be granted under 42 U.S.C. §1988 or 18 U.S.C. §2255. 4. This Court may not and should not exercise Supplemental Jurisdiction over State Law claims, because there is no federal question or other federal jurisdiction for this action.

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Case 3:01-cv-02298-SRU

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THE DEFENDANT, PHILIP GIORDANO, Individually

BY___________________________ ANDREW B. BOWMAN Federal Bar No: ct00122 1804 Post Road East Westport, CT 06880 (203) 259-0599 (203) 255-2570 (Fax) e-mail: [email protected] CERTIFICATION This is to certify that a copy of the foregoing Answer was mailed, postage prepaid on this 28th day of October, 2005 to: Michael Stanton Hillis, Esq. Dombroski, Knapsack & Hillis, LLC 129 Whitney Avenue New Haven, CT 06510 Michael W. Mackniak, Esq. 87 Meadow Street Naugatuck, CT 06770 Erskine D. Mcintosh, Esq. P.O. Box 185789 Hamden, CT 06518-0789

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Case 3:01-cv-02298-SRU

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Gerald L. Harmon, Esq. 290 Pratt Street Meriden, CT 06450 Elliot B. Spector, Esq. Noble, Spector, Young & O'Connor One Congress Street, Fourth Floor Hartford, CT 06114

_______________________________ ANDREW B. BOWMAN

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