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

I Case 3:00-cv—OO904—RNC Document 47 Filed 10/28/2003 Page1 0f4
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I UNITED STATES DISTRICT COURT I l
I DISTRICT OF CONNECTICUT
PRISONER I
‘ ROBERT JACKSON, : CIV. NO. 3:00CV904 (RNC)(DFM) ,
I Plaintiff,
I VS .
I WATERBURY POLICE DEPARTMENT : OCTOBER 27, 2003
I OFFICER RYAN, OFFICER CREA .
E AND OFFICER FLAHERTY
I Defendants. I
I DEFENDANTS’ ANSWER AND SPECIAL DEFENSES Q
I l TO PLAINTIFF'S AMENDED COMPLAINT DATED JULY 3, 2002 I
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I 1. As to Paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, ll, 14, I
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I 16, 17, 18, 20, 21, 22, 23, 25, 26, 27, 28, 29, 30, 31, 34, 35,
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I 36, 37, 38, 39, 41, 43, 44, 45, 46 and 48, defendants have I
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; insufficient knowledge or information upon which to form an I
I opinion or belief, and therefore leave the plaintiff to his I
I proof. I
2. Paragraphs 12, 13, 19, 24, 32, 33 and 42 are denied.
3. So much of Paragraph 15 which states “After about a I
minute of bashing rom (sic) Officer Crea’s flashlight", I
defendants have insufficient knowledge or information upon which
SACK, SPECTOR AND KAFISTEN, LLP • ATTORNEYS AT LAW
aaa FARMINGTON AVE•WEST HARTFORD. CT 06119-1544•(860) 2:33-8251 ·JUHlS NO. 52776

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Case 3:00-cv—00904—RNC Document 47 Filed 10/28/2003 Page 2 of 4
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to form an opinion or belief, and therefore leave the plaintiff N
to his proof. The remaining allegation of this Paragraph is 5
denied. ®
i 4. So much of Paragraph 40 which states, “As a result of `
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[ the injuries from the assault on me by Officers Ryan, Crea and w
Q Flaherty;”, is denied. As to the remaining allegation of
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Paragraph 40, defendants have insufficient knowledge or e
Y information upon which to form an opinion or belief, and \
therefore leave the plaintiff to his proof. l
i 5. So much of Paragraph 47 which states, “Due to the E
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l negligent and unlawful warrantless actions of the Waterbury N
k Police Department", is denied. As to the remaining allegation of R
Q Paragraph 47, defendants have insufficient knowledge or W
i information upon which to form an opinion or belief, and
1 therefore leave the plaintiff to his proof.
AFFIRMATIVE DEFENSES
K First Affirmative Defense
\ Plaintiff’s Complaint fails to state a claim upon which
i relief can be granted.
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W SACK, SPECTOR AND KARSTE£ LLP · ATTORNEYS AT LAW
asa mnmmerom Av·s·wss7 HAFm=ono, or 06119-1544-4860) 233-8251 ·.1u•=us No. 52776
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Case 3:00-cv—OO9(&4;RNC Document 47 Filed 10/ZEEQOOB Page 3 of 4
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4 Second Affirmative Defense 4
4 The actions and conduct of the defendants, to the extent 4
4 they occurred as alleged, were objectively reasonable under the 4
4 circumstances of which defendants were aware, and they enjoy 4
qualified immunity from all liability therefore. 4
Third Affirmative Defense 4
The actions and conduct of the defendants did not violate 4
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any clearly established constitutional or Federal Statutory {
rights of which the defendants reasonably should have been aware, 4
and they are therefore entitled to qualified immunity. 4
Fourth Affirmative Defense 4
The actions and conduct of the defendants, to the extent T
they occurred as alleged, were undertaken in the good—faith 4
performance of their official duties, without malice, and were 4
therefore privileged under the applicable state law. 4
Fifth Affirmative Defense 4
Any injury or damage suffered by the plaintiff, to the 4
extent actually incurred, were caused by reason of the 4
sncx, smzcron Ann KARSTEN, LLP · ATTORNEYS AT mw
sas FARMINGTON Ava-WEST HARTFORD, cw ¤RRs-1s44· msu; 233-8251 -JuR¤s Ro. sms

Case 3:00-cv—00904—RNC Document 47 Filed 10/28/2003 Page 4 of 4 i
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plaintiff's own wrongful acts, reckless misconduct and I
negligence. i
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DEFENDANTS , WATERBURY POLICE
DEPARTMENT, OF CER RYAN, I
OFFICER CRE D OFFICER
FLAHERT g
BY i
Christopher G. Arciero l
Federal Bar Number: ct09199 (
Sack, Spector & Karsten
836 Farmington Avenue i
West Hartford, CT 06119 `
Their Attorney
CERTIFICATION
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This is to certify that a copy of the foregoing has been
mailed, postage prepaid, this #27 day of October, 2003, to the
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following: F
E
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Mr. Robert Jackson I
141 Ferris Avenue
White Plains, NY 10603
Christopher G. Arciero
E
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SACK, SPECTOR AND KARSTEN, LLP · ATTORNEYS AT LAW
836 FAFIIVIFNGTON AvE•wEsT HARTFOHD, CT 06119-1544•(860) 233—8251•JUF\|S NO. 52776
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