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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
TERESA POPE HOOKS, individually ) and ESTATE OF DAVID HOOKS, ) by Teresa Pope Hooks, Administratrix ) ) Plaintiffs, ) CIVIL ACTION FILE NO.: ) 3:16-CV-00023-DHB-BKE v. ) ) CHRISTOPHER BREWER, ) in his individual capacity, STEVE ) VERTIN, in his individual capacity, ) WILLIAM “BILL” HARRELL, ) in his individual capacity, and ) RANDALL DELOACH, ) in his individual capacity, ) ) Defendants. )
DEFENDANTS’ ANSWER AND DEFENSES TO PLAINTIFFS’ COMPLAINT
COME NOW, Defendants Christopher Brewer, Steve Vertin, William “Bill”
Harrell and Randall Deloach (hereinafter “Defendants”), and file this, their Answer
and Defenses to Plaintiffs’ Complaint for Injury Before Death, for Wrongful Death
and Wrongful Arrest (hereinafter “Plaintiffs’ Complaint”):
FIRST DEFENSE
Plaintiffs’ Complaint, in whole or in part, fails to state a claim against
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Defendants upon which relief may be granted.
SECOND DEFENSE
Plaintiffs’ claims against Defendants are barred by the doctrines of Eleventh
Amendment immunity, qualified immunity, official/governmental immunity and
sovereign immunity.
THIRD DEFENSE
Any alleged unlawful act or omission of Defendants, which alleged unlawful
act or omission Defendants specifically deny, was not the proximate cause of any
alleged damages or injury suffered by Plaintiffs.
FOURTH DEFENSE
Defendants are not liable to Plaintiffs in any amount because Defendants did
not in any way deprive Plaintiffs of any right, privilege or immunity secured by the
Constitution or federal/state law as alleged in the Plaintiffs’ Complaint or
otherwise.
FIFTH DEFENSE
No act or omission of Defendants was the proximate or legal cause of
Plaintiffs’ alleged damages.
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SIXTH DEFENSE
Defendants did not violate Plaintiffs’ constitutional rights as alleged or
otherwise.
SEVENTH DEFENSE
Defendants are not liable to Plaintiffs in any amount because Defendants did
not act as alleged in Plaintiffs’ Complaint.
EIGHTH DEFENSE
Defendants assert the defenses of contributory negligence, comparative
fault, assumption of the risk, and failure to exercise ordinary care for own safety.
NINTH DEFENSE
Defendants are not liable to Plaintiffs because Plaintiffs’ damages, if any,
are due to the acts and omissions of other individuals and entities other than
Defendants.
TENTH DEFENSE
To the extent as may be shown by evidence through discovery which
provides factual or legal support, Defendants assert and reserve the defenses of
accord and satisfaction, arbitration clauses, discharge in bankruptcy, duress,
estoppels, failure of consideration, failure to mitigate, failure to satisfy a condition
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precedent including but not limited to ante litem notice, exhaustion of
administrative remedies, etc., fraud, illegality, fellow servant doctrine and
exclusive remedy, laches, lack of proximate cause, license and consent, set-off and
payment, release and covenant not to sue, res judicata, issue and claim preclusion,
statute of frauds, any and all statutes of limitation, and waiver.
ELEVENTH DEFENSE
For its Eleventh Defense, Defendants answer the enumerated paragraphs of
Plaintiffs’ Complaint as follows:
INTRODUCTION
1.
Paragraph One (1) does not require a response from Defendants as it is a
legal statement. To the extent Paragraph One (1) requires a response, Defendants
deny the allegations contained in Paragraph One (1) of Plaintiffs’ Complaint.
JURISDICTION AND VENUE
2.
Defendants deny as pled the allegations contained in Paragraph Two (2) of
Plaintiffs’ Complaint.
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3.
Defendants deny as pled the allegations contained in Paragraph Three (3) of
Plaintiffs’ Complaint.
PARTIES
4. Defendants deny the allegations contained in Paragraph Four (4) of
Plaintiffs’ Complaint.
5.
Defendants deny as pled the allegations contained in Paragraph Five (5) of
Plaintiffs’ Complaint.
FACTUAL BACKGROUND
6.
Defendants deny as pled the allegations contained in Paragraph Six (6) of
Plaintiffs’ Complaint.
7. Defendants are without personal knowledge or information sufficient to
form a belief as to the truth of the allegations contained in Paragraph Seven (7) of
Plaintiffs’ Complaint and, therefore, deny same.
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8. Defendants deny the allegations contained in Paragraph Eight (8) of
Plaintiffs’ Complaint.
9.
Defendants deny the allegations contained in Paragraph Nine (9) of
Plaintiffs’ Complaint.
10.
Defendants deny the allegations contained in Paragraph Ten (10) of
Plaintiffs’ Complaint.
11.
Defendants deny the allegations contained in Paragraph Eleven (11) of
Plaintiffs’ Complaint.
12.
Defendants deny the allegations contained in Paragraph Twelve (12) of
Plaintiffs’ Complaint.
13.
Defendants deny as pled the allegations contained in Paragraph Thirteen
(13) of Plaintiffs’ Complaint.
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14.
Defendants deny the allegations contained in Paragraph Fourteen (14) of
Plaintiffs’ Complaint.
15.
Defendants deny the allegations contained in Paragraph Fifteen (15) of
Plaintiffs’ Complaint.
16.
Defendants deny the allegations contained in Paragraph Sixteen (16) of
Plaintiffs’ Complaint.
17.
Defendants deny the allegations contained in Paragraph Seventeen (17) of
Plaintiffs’ Complaint.
18.
Defendants admit the allegations contained in Paragraph Eighteen (18) of
Plaintiffs’ Complaint.
19.
Defendants deny the allegations contained in Paragraph Nineteen (19) of
Plaintiffs’ Complaint.
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20.
Defendants deny the allegations contained in Paragraph Twenty (20) of
Plaintiffs’ Complaint.
21.
Defendants deny the allegations contained in Paragraph Twenty-One (21) of
Plaintiffs’ Complaint.
22.
Defendants deny the allegations contained in Paragraph Twenty-Two (22) of
Plaintiffs’ Complaint.
23.
Defendants deny the allegations contained in Paragraph Twenty-Three (23)
of Plaintiffs’ Complaint.
24.
Defendants admit the allegations contained in Paragraph Twenty-Four (24)
of Plaintiffs’ Complaint.
25.
Defendants deny as pled the allegations contained in Paragraph Twenty-Five
(25) of Plaintiffs’ Complaint.
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26.
Defendants deny as pled the allegations contained in Paragraph Twenty-Six
(26) of Plaintiffs’ Complaint.
27.
Defendants deny as pled the allegations contained in Paragraph Twenty-
Seven (27) of Plaintiffs’ Complaint.
28.
Defendants deny as pled the allegations contained in Paragraph Twenty-
Eight (28) of Plaintiffs’ Complaint.
29.
Defendants deny the allegations contained in Paragraph Twenty-Nine (29) of
Plaintiffs’ Complaint.
30.
Defendants deny as pled the allegations contained in Paragraph Thirty (30)
of Plaintiffs’ Complaint.
31.
Defendants deny as pled the allegations contained in Paragraph Thirty-One
(31) of Plaintiffs’ Complaint.
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32.
Defendants deny the allegations contained in Paragraph Thirty-Two (32) of
Plaintiffs’ Complaint.
33.
Defendants deny the allegations contained in Paragraph Thirty-Three (33) of
Plaintiffs’ Complaint.
34.
Defendants deny the allegations contained in Paragraph Thirty-Four (34) of
Plaintiffs’ Complaint.
35.
Defendants deny the allegations contained in Paragraph Thirty-Five (35) of
Plaintiffs’ Complaint.
36.
Defendants deny the allegations contained in Paragraph Thirty-Six (36) of
Plaintiffs’ Complaint.
37.
Defendants deny the allegations contained in Paragraph Thirty-Seven (37) of
Plaintiffs’ Complaint.
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38.
Defendants deny the allegations contained in Paragraph Thirty-Eight (38) of
Plaintiffs’ Complaint.
39.
Defendants deny the allegations contained in Paragraph Thirty-Nine (39) of
Plaintiffs’ Complaint.
40.
Paragraph Forty (40) does not require a response from Defendants as it is a
legal statement. To the extent Paragraph Forty (40) requires a response,
Defendants state that the case speaks for itself and deny any allegation unsupported
by case or statutory law.
41.
Defendants deny the allegations contained in Paragraph Forty-One (41) of
Plaintiffs’ Complaint.
42.
Paragraph Forty-Two (42) does not require a response from Defendants as it
is a legal statement. To the extent Paragraph Forty-Two (42) requires a response,
Defendants state that the case speaks for itself and deny any allegation unsupported
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by case or statutory law.
43.
Paragraph Forty-Three (43) does not require a response from Defendants as
it is a legal statement. To the extent Paragraph Forty-Three (43) requires a
response, Defendants state that the case speaks for itself and deny any allegation
unsupported by case or statutory law.
44.
Defendants deny the allegations contained in Paragraph Forty-Four (44) of
Plaintiffs’ Complaint.
45.
Paragraph Forty-Five (45) does not require a response from Defendants as it
is a legal statement. To the extent Paragraph Forty- Five (45) requires a response,
Defendants state that the case speaks for itself and deny any allegation unsupported
by case or statutory law.
46.
Paragraph Forty-Six (46) does not require a response from Defendants as it
is a legal statement. To the extent Paragraph Forty-Six (46) requires a response,
Defendants state that the case speaks for itself and deny any allegation unsupported
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by case or statutory law.
47.
Paragraph Forty-Seven (47) does not require a response from Defendants as
it is a legal statement. To the extent Paragraph Forty- Seven (47) requires a
response, Defendants state that the case speaks for itself and deny any allegation
unsupported by case or statutory law.
48.
Defendants deny the allegations contained in Paragraph Forty-Eight (48) of
Plaintiffs’ Complaint.
49.
Defendants deny the allegations contained in Paragraph Forty-Nine (49) of
Plaintiffs’ Complaint.
50.
Defendants deny the allegations contained in Paragraph Fifty (50) of
Plaintiffs’ Complaint.
51.
Defendants deny the allegations contained in Paragraph Fifty-One (51) of
Plaintiffs’ Complaint.
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52.
Defendants deny the allegations contained in Paragraph Fifty-Two (52) of
Plaintiffs’ Complaint.
53.
Defendants deny the allegations contained in Paragraph Fifty-Three (53) of
Plaintiffs’ Complaint.
54.
Defendants deny the allegations contained in Paragraph Fifty-Four (54) of
Plaintiffs’ Complaint.
55.
Defendants deny the allegations contained in Paragraph Fifty-Five (55) of
Plaintiffs’ Complaint.
56.
Defendants deny the allegations contained in Paragraph Fifty-Six (56) of
Plaintiffs’ Complaint.
57.
Defendants deny the allegations contained in Paragraph Fifty-Seven (57) of
Plaintiffs’ Complaint.
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58.
Defendants deny the allegations contained in Paragraph Fifty-Eight (58) of
Plaintiffs’ Complaint.
59.
Defendants deny the allegations contained in Paragraph Fifty-Nine (59) of
Plaintiffs’ Complaint.
60.
Defendants deny the allegations contained in Paragraph Sixty (60) of
Plaintiffs’ Complaint.
61.
Defendants deny the allegations contained in Paragraph Sixty-One (61) of
Plaintiffs’ Complaint.
62.
Defendants deny the allegations contained in Paragraph Sixty-Two (62) of
Plaintiffs’ Complaint.
63.
Defendants deny the allegations contained in Paragraph Sixty-Three (63) of
Plaintiffs’ Complaint.
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64.
Defendants deny the allegations contained in Paragraph Sixty-Four (64) of
Plaintiffs’ Complaint.
65.
Defendants deny the allegations contained in Paragraph Sixty-Five (65) of
Plaintiffs’ Complaint.
66.
Defendants deny the allegations contained in Paragraph Sixty-Six (66) of
Plaintiffs’ Complaint.
67.
Defendants deny the allegations contained in Paragraph Sixty-Seven (67) of
Plaintiffs’ Complaint.
68.
Defendants deny the allegations contained in Paragraph Sixty-Eight (68) of
Plaintiffs’ Complaint.
69.
Defendants admit the allegations contained in Paragraph Sixty-Nine (69) of
Plaintiffs’ Complaint.
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70.
Defendants deny the allegations contained in Paragraph Seventy (70) of
Plaintiffs’ Complaint.
71.
Defendants deny the allegations contained in Paragraph Seventy-One (71) of
Plaintiffs’ Complaint.
72.
Paragraph Seventy-Two (72) does not require a response from Defendants as
Plaintiffs have intentionally left it blank. To the extent Paragraph Seventy-Two
(72) may be read to require a response, Defendants deny same.
73.
Defendants deny the allegations contained in Paragraph Seventy-Three (73)
of Plaintiffs’ Complaint.
74.
Defendants deny the allegations contained in Paragraph Seventy-Four (74)
of Plaintiffs’ Complaint.
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COUNT ONE
SURVIVOR AND ESTATE FOURTH AMENDMENT CLAIM AGAINST DEFENDANT BREWER
75.
Paragraph Seventy-Five (75) does not require a response from Defendants as
Plaintiffs have intentionally left it blank. To the extent Paragraph Seventy-Five
(75) may be read to require a response, Defendants deny same.
76.
Defendants deny the allegations contained in Paragraph Seventy-Six (76) of
Plaintiffs’ Complaint.
77.
Defendants deny as pled the allegations contained in Paragraph Seventy-
Seven (77) of Plaintiffs’ Complaint.
78.
Defendants deny as pled the allegations contained in Paragraph Seventy-
Eight (78) of Plaintiffs’ Complaint.
79.
Defendants deny the allegations contained in Paragraph Seventy-Nine (79)
of Plaintiffs’ Complaint.
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80.
Defendants deny the allegations contained in Paragraph Eighty (80) of
Plaintiffs’ Complaint.
81.
Defendants deny the allegations contained in Paragraph Eighty-One (81) of
Plaintiffs’ Complaint.
82.
Defendants deny the allegations contained in Paragraph Eighty-Two (82) of
Plaintiffs’ Complaint.
83.
Paragraph Eighty-Three (83) does not require a response from Defendants.
To the extent Paragraph Eighty-Three (83) may be read to require a response,
Defendants deny same.
84.
Defendants deny as pled the allegations contained in Paragraph Eighty-Four
(84) of Plaintiffs’ Complaint.
85.
Defendants deny the allegations contained in Paragraph Eighty-Five (85) of
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Plaintiffs’ Complaint.
86.
Defendants deny the allegations contained in Paragraph Eighty-Six (86) of
Plaintiffs’ Complaint.
COUNT TWO
TERESA HOOKS’ FALSE IMPRISONMENT CLAIM AGAINST
DEFENDANT STEVE VERTIN AND DEFENDANT RANDALL DELOACH
87.
Paragraph Eighty-Seven (87) does not require a response from Defendants
as Plaintiffs have intentionally left it blank. To the extent Paragraph Eighty-Seven
(87) may be read to require a response, Defendants deny same.
88.
Defendants deny the allegations contained in Paragraph Eighty-Eight (88) of
Plaintiffs’ Complaint.
COUNT THREE
PROPERTY DAMAGE
89.
Paragraph Eighty-Nine (89) does not require a response from Defendants as
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Plaintiffs have intentionally left it blank. To the extent Paragraph Eighty-Nine (89)
may be read to require a response, Defendants deny same.
90.
Defendants deny the allegations contained in Paragraph Ninety (90) of
Plaintiffs’ Complaint.
COUNT FOUR
PUNITIVE DAMAGES
91.
Paragraph Ninety-One (91) does not require a response from Defendants as
Plaintiffs have intentionally left it blank. To the extent Paragraph Ninety-One (91)
may be read to require a response, Defendants deny same.
92.
Defendants deny the allegations contained in Paragraph Ninety-Two (92) of
Plaintiffs’ Complaint.
93.
Defendants deny the allegations contained in Paragraph Ninety-Three (93)
of Plaintiffs’ Complaint.
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94.
Defendants deny the allegations contained in Paragraph Ninety-Four (94) of
Plaintiffs’ Complaint.
95.
Defendants deny the allegations contained in Paragraph Ninety-Five (95) of
Plaintiffs’ Complaint.
96.
To the extent the Plaintiffs’ prayer for relief requires a response, Defendants
deny all allegations contained therein and further deny Plaintiffs is entitled to any
recovery whatsoever against Defendants.
97.
Any allegation not specifically admitted herein is hereby denied.
WHEREFORE, Defendants pray that all parties consent to trial by jury of
twelve and that Plaintiffs’ Complaint against them be dismissed with prejudice,
with all costs assessed against Plaintiffs and that Defendants have such other relief
as the Court deems justice to demand.
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This 15th day of June, 2016. Respectfully submitted, BUCKLEY CHRISTOPHER & HAFF, P.C. /s/ Timothy J. Buckley III _________________________ TIMOTHY J. BUCKLEY III 2970 Clairmont Road N.E. Georgia State Bar No.092913 Suite 650 KELLY L. CHRISTOPHER Atlanta, Georgia 30329 Georgia State Bar No. 609879 (404) 633-9230 Attorneys for Defendants (404) 633-9640 (facsimile) tbuckley@bchlawpc.com kchristopher@bchlawpc.com DEFENDANTS DEMAND TRIAL BY JURY
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CERTIFICATE OF SERVICE I hereby certify that I electronically filed DEFENDANTS’ ANSWER AND
DEFENSES TO PLAINTIFFS’ COMPLAINT using the CM/ECF system which
will automatically send email notification of such filing to the following attorneys
of record:
Mitchell M. Shook, Esq. Salter, Shook & Tippett
P. O. Drawer 300 Vidalia, GA 30475
Brian Spears, Esq.
1126 Ponce de Leon Ave. Atlanta, GA 30306
This 15th day of June, 2016. BUCKLEY CHRISTOPHER & HAFF, P.C. /s/ Timothy J. Buckley III _________________________ TIMOTHY J. BUCKLEY III Georgia State Bar No.092913 KELLY L. CHRISTOPHER Georgia State Bar No. 609879 2970 Clairmont Road N.E. Attorneys for Defendants Suite 650 Atlanta, Georgia 30329 (404) 633-9230 (404) 633-9640 (facsimile) tbuckley@bchlawpc.com kchristopher@bchlawpc.com
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