Free Answer to Complaint - District Court of Delaware - Delaware

Case 1:04-cv-00415-SLR

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ERIC A. CHAMBERS, Plaintiff, v. JOHN DOES 1-7, DONALD J. BOWMAN, JR., CITY OF WILMINGTON DELAWARE, DELAWARE S.P.C.A., and SGT. ELLIOTT, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-415 SLR

THE CITY OF WILMINGTON, DONALD J. BOWMAN, JR. AND SGT. STEVEN ELLIOT'S ANSWER TO THE COMPLAINT Preliminary Statement This paragraph of the Complaint states a legal conclusion to which no response is necessary. To the extent that a response is required, the allegations are denied. Jurisdiction 1. necessary. 2. Defendants are without sufficient knowledge and/or information to admit or deny the This paragraph of the Complaint states a legal conclusion to which no response is

allegations set forth in this paragraph of the Complaint regarding Plaintiff's efforts to ascertain the identities of the John Doe Defendants. The remainder of this paragraph of the Complaint states a legal conclusion to which no response is necessary. Parties 3. Admitted that Plaintiff resided at 2704 Creston Place. Defendant is without

sufficient knowledge and/or information to admit or deny the remaining allegations set forth in this

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paragraph of the Complaint. 4. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, the allegations set forth in this paragraph of the Complaint are denied. 5. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, the allegations set forth in this paragraph of the Complaint are denied. 6. This paragraph of the Complaint is not directed to Answering Defendants. To the

extent that a response is required, the allegations set forth in this paragraph of the Complaint are denied. 7. Admitted that Defendant Donald J. Bowman, Jr. was a police officer with the

Wilmington Police Department on June 24, 2003. Defendant Bowman is no longer employed by the Wilmington Police Department. The remainder of this paragraph of the Complaint states a legal conclusion to which no response is necessary. To the extent that a response is required, the allegations are denied. 8. This paragraph of the Complaint states a legal conclusion to which no response is

necessary. To the extent that a response is required, the allegations are denied. 9. 10. This paragraph of the Complaint is not directed to Answering Defendants. Admitted that Defendant Sgt. Steven Elliot is a police officer with the

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Wilmington Police Department. The remainder of this paragraph of the Complaint states a legal conclusion to which no response is necessary. To the extent that a response is required, the allegations are denied. 11. This paragraph of the Complaint states a legal conclusion to which no response is

necessary. To the extent that a response is required, the allegations are denied. Facts 12. Admitted that on June 24, 2003, the Wilmington Police Department Crisis

Management Tactical Team (CMTT) executed a search warrant at 2704 Creston Place in order to apprehend Plaintiff, a fugitive wanted by agents of the Bureau of Alcohol, Tobacco and Firearms (ATF). 13. 14. 15. Denied. Denied. Denied as stated, except admitted that at some point during the execution of the

search warrant, a shot was fired. 16. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 17. 18. 19. Denied. Denied. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, it is admitted that several members of the CMTT entered the residence during the execution of the search warrant.

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20. 21.

Denied. Admitted that at some point, Plaintiff was turned over to the ATF agent(s). The

remainder of this paragraph is denied as stated. 22. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 23. 24. Denied. Admitted that Plaintiff was held at the Wilmington Police Department for a short

period of time. The remainder of this paragraph is denied as stated. 25. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 26. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 27. 28. Denied. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 29. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 30. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 31. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 32. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint.

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33.

Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 34. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 35. Admitted that the SPCA was called to 2704 Creston Place because a pit bull dog was

shot by a member of the CMTT. Admitted that the SPCA removed the pit bull dog from the premises. Defendant is without sufficient knowledge and/or information to admit or deny the remaining allegations set forth in this paragraph of the Complaint. 36. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 37. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 38. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 39. 40. 41. Denied as stated. Denied. Admitted that a statement to the media was issued by Defendant Bowman. The

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remainder of the allegations set forth in this paragraph of the Complaint are denied. Cause of Action 42. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 43. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 44. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 45. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 46. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 47. Denied.

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48. 49. 50.

Denied. Denied as stated. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 51. 52. Denied. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 53. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 54. 55. 56. Denied. Denied. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 57. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied.

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58. 59.

Denied. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 60. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 61. 62. 63. Denied. Denied. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 64. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 65. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied.

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66.

This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 67. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 68. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 69. Defendant is without sufficient knowledge and/or information to admit or deny the

allegations set forth in this paragraph of the Complaint. 70. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied as stated. 71. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied.

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72.

This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 73. 74. 75. 76. 77. This paragraph of the Complaint is not directed to Answering Defendants. This paragraph of the Complaint is not directed to Answering Defendants. Denied. This paragraph of the Complaint is not directed to Answering Defendants. This paragraph of the Complaint states a legal conclusion to which no response is

necessary. To the extent that a response is required, the allegations are denied. 78. 79. 80. Denied. Denied. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 81. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 82. 83. 84. Denied. Denied. Denied.

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85.

This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. Claims for Relief 86. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 87. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 88. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 89. This paragraph of the Complaint is not directed to Answering Defendants. Plaintiff

has not amended the Complaint to specifically identify the John Doe Defendants. Said Defendants have not been properly served with the Complaint and are not required to respond to the Complaint at this time. To the extent that a response is required, this paragraph of the Complaint is denied. 90. 91. Denied. This paragraph of the Complaint is not directed to Answering Defendants.

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92. 93. 94.

Denied. Denied. Denied. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE

95.

Plaintiff fails to state a claim against Defendants upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE

94.

Plaintiff's Complaint against the John Doe Defendants must be dismissed for

improper and/or lack of service of process. THIRD AFFIRMATIVE DEFENSE 95. The actions and conduct of the Defendants did not rise to the level of a Constitutional

violation and, therefore, Plaintiff did not suffer any infringement of his constitutional rights. FOURTH AFFIRMATIVE DEFENSE 96. The actions and conduct of the Defendants were objectively reasonable under the

circumstances which the Defendants were aware, therefore, their actions did not violate Plaintiff's Constitutional rights. FIFTH AFFIRMATIVE DEFENSE 97. The actions and conduct of the Defendants did not violate any clearly established

Constitutional or Federal statutory rights of which the Defendants reasonably should have been aware, and they are, therefore, entitled to qualified immunity. SIXTH AFFIRMATIVE DEFENSE 98. The actions and conduct of the Defendants were undertaken in the good faith

performance of their official duties, without wantonness or malice, and were, therefore, privileged

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and immune. 10 Del. C. §4010 et seq. SEVENTH AFFIRMATIVE DEFENSE 99. Plaintiff's damages, if any, are limited to 10 Del. C. §4013 et seq. EIGHTH AFFIRMATIVE DEFENSE 98. To the extent that Plaintiff may have been injured, Defendants were not the

proximate cause of any such injuries. NINTH AFFIRMATIVE DEFENSE 100. Plaintiff's injuries, if any, were proximately caused by his own wrongful, wanton,

wilful, reckless, and/or negligent acts. TENTH AFFIRMATIVE DEFENSE 101. Plaintiff. ELEVENTH AFFIRMATIVE DEFENSE 102. Plaintiff cannot show an official policy, practice, procedure or custom sufficient to Punitive damages are not recoverable against Defendants for the claims alleged by

support a finding of municipal liability. WHEREFORE, Defendants demand that Plaintiff's Complaint be dismissed with prejudice, and all costs and attorney's fees be assessed against Plaintiff and awarded to Defendants. /s/ Rosamaria Tassone Rosamaria Tassone (I.D. #3546) City of Wilmington Law Department Louis L. Redding City/County Building 800 French Street, 9th Floor Wilmington, Delaware 19801-3537 (302) 576-2175 Attorney for Answering Defendants the City of Wilmington, Donald J. Bowman, Jr. and Sgt. Steven Elliott DATED: October 17, 2005