Free Response to Discovery - District Court of Delaware - Delaware

Case 1:04-cv-00379-GMS

Document 24

Filed 06/29/2005

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IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF DELAWARE Peter E. Shurr, III Plaintiff, v. City of Newark, Gerald Conway, William Nefosky, Michael Szep, Jerry Dawson, Truman Bolden, Joseph Kendrick, Curtis E. Davis, John Degheto, Susan K Poley, Defendants. : : : : : : : : : : : :

C.A. No. 04-379

JURY TRIAL DEMANDED

DEFENDANTS' RESPONSES TO PLAINTIFF'S REQUESTS FOR ADMISSIONS Defendants, by and through their counsel, Marshall Warner Coleman & Goggin, hereby respond to Plaintiff's Requests for Admissions pursuant to Rule 36 of the Federal Rules of Civil Procedure as follows: 1. 2. 3. Denied. Denied. Inasmuch as the Arrest Warrant speaks for itself, no admission or denial is

necessary. To the extent that this Request seeks an admission from the defense that plaintiff's arrest for parental mischief was without probable cause, the request is denied. 4. After reasonable investigation, Answering Defendants are unable to admit or deny

this Request. Specifically, the videotape appears to show plaintiff throwing a rock at the car carrier on June 10, 2002. Answering Defendants have no personal knowledge as to whether Plaintiff did, in fact, throw a rock at the car carrier truck. 5. Admitted.

Case 1:04-cv-00379-GMS

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Filed 06/29/2005

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6.

After reasonable investigation, Answering Defendants are unable to admit or deny

this Request. Specifically, it is difficult to determine with the naked eye whether the videotape shows plaintiff with a rock leaving his hand. Answering Defendants have not had the videotape amplified.
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Date: 6/29/05 BY: /s/ DANIEL A. GRIFFITH, ESQUIRE (No. 4209)

Daniel A. Griffith

1220 North Market Street, 5th Floor P.O. Box 8888 Wilmington, DE 19899-8888 (302) 552-4317 Email: [email protected]
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Case 1:04-cv-00379-GMS

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Filed 06/29/2005

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CERTIFICATE OF SERVICE

I, DANIEL A. GRIFFITH, hereby certify that on this

29th

day of

June

, 2005,

caused two (2) copies of the foregoing DEFENDANTS' RESPONSES TO PLAINTIFF'S REQUESTS FOR ADMISSIONS to be served on counsel for the parties at the following address:

William Rhodunda, Jr., Esquire Oberly Jennings & Rhodunda, P.A. 800 Delaware Avenue, Ste. 901 P.O. Box 2054 Wilmington, DE 19899

MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: /s/ Daniel A. Griffith DANIEL A. GRIFFITH, ESQUIRE I.D. No. 4209 1220 N. Market St., 5th Floor P.O. Box 8888 Wilmington, DE 19899-8888 (302) 552-4317