Free Answer to Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-00665-MRK

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

---------------------------------------------------------------X TERRENCE HENDERSON : Plaintiff, : : vs. : : : THE TOWN OF GREENWICH : POLICE DEPARTMENT : Defendant : ---------------------------------------------------------------X

CIVIL ACTION NO: 303CV665 (MRK)

AUGUST 11, 2005

ANSWER AND AFFIRMATIVE DEFENSES Without conceding jurisdiction, the named defendant Town of Greenwich Police Department ("the Defendant") hereby responds to the complaint in the above-entitled matter as follows: A. PARTIES 1. The Defendant has insufficient knowledge as to the plaintiff's citizenship or residence and therefore denies the allegations of paragraph 1. 2. The Defendant admits it is a government agency and located at 11 Bruce Place, Greenwich, Connecticut. 3. The Defendant denies it illegally stopped, arrested, imprisoned, prosecuted the plaintiff or set bail without just cause. B. JURISDICTION 1. The Defendant admits jurisdiction is asserted pursuant to 42 U.S.C. § 1983.

The defendant denies jurisdiction exists as to the Defendant.

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2.

The Defendant admits jurisdiction is invoked pursuant to28 U.S.C . § 1343

(a) (3). The Defendant denies jurisdiction exists as to the Defendant. C. NATURE OF THE CASE The Defendant denies the plaintiff's allegations. D. FIRST CAUSE OF ACTION Claim I: 1. The Defendant denies that the Plaintiff was illegally stopped. The

Defendant admits the plaintiff was arrested, stopped on the date and time alleged and at the place alleged by officers of the Greenwich Police Department. 2. 3. 4. 5. Denied. Denied. Denied. The Defendant admits that the plaintiff was detained, presented

personal effects, and that a warrant/criminal background check was conducted. The remaining allegations contained in paragraph 5 are denied. SECOND CAUSE OF ACTION Claim II: 1-6. The Defendant's responses to all allegations contained in

paragraphs 1-6 above are hereby realleged to be the Defendant's responses to paragraph 1-6 of Claim II. 7. Denied.

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THIRD CAUSE OF ACTION Claim III: 1-7. The Defendant's responses to all allegations contained in

paragraphs 1-7 above are hereby realleged to be the Defendant's responses to paragraph 1-7 of Claim III. 8. Denied. FOURTH CAUSE OF ACTION Claim IV: 1-8. The Defendant's responses to all allegations contained in

paragraphs 1-8 above are hereby realleged to be the Defendant's responses to paragraph 1-8 of Claim IV 9. Denied.

First Affirmative Defense The court lacks jurisdiction as to the purported defendant Greenwich Police Department. Second Affirmative Defense The complaint fails to state a cause of action upon which relief may be granted. Third Affirmative Defense The complaint fails to state a cause of action for punitive damages upon which relief may be granted. THE DEFENDANT

By: Valerie E. Maze Federal Bar No. CT 14080 Greenwich Town Attorney's Office Town Hall, P.O. Box 2540 Greenwich, CT 06836-2540 Tel. (203) 622-7877

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CERTIFICATION

This is to certify that a copy of the foregoing has been mailed on the abovecaptioned date to all counsel and pro se parties of record:

Raymond J. Rigat, Esquire Gilbride & Rigat Attorneys at Law 23 East Main Street Clinton, CT 06413

__________________________________ Valerie E. Maze

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