Free Answer to Complaint - District Court of Connecticut - Connecticut

Case 3:02-cv-02147-JBA

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Filed 07/13/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PRISONER UNIT - BRIDGEPORT CIVIL ACTION NO. 3:02CV2147 (JBA)(JGM)

MIGUEL A. DIAZ Plaintiff V. BRIAN FOLEY Defendant

: : : : : :

JULY 7, 2004

ANSWER 1. The defendant, Foley, Brian, is involved because he used improper

excessive force and in result I got a fracture in right wrist and laceration to right leg and right arm pain. ANSWER: So much of Paragraph 1 of the plaintiff's Complaint which allege the

defendant, Brian Foley, used improper excessive is denied; as to the remaining allegations of this Paragraph, the defendant has insufficient knowledge on which to form a belief and therefore, leaves the plaintiff to his proof. 2. The date and address of occurrence is 12/02/99 at 977 West Blvd,

Hartford, CT 06106. ANSWER: As to the allegations contained in Paragraph 2 of the plaintiff's Complaint,

the defendant has insufficient knowledge on which to form a belief and therefore, leaves the plaintiff to his proof.

Case 3:02-cv-02147-JBA

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3. ANSWER:

I went to the emergency room at time of arrest at St. Francis Hospital. As to the allegations contained in Paragraph 3 of the plaintiff's Complaint,

the defendant has insufficient knowledge on which to form a belief and therefore, leaves the plaintiff to his proof. 4. The officer kept calling me bad words like spic and asshole and mother

fucker and street punk. The same time he kept hitting me and I tryed (sic) covering my head and legs he kept on macing me too. ANSWER: denied. 5. I felt my hand pumping and burning. My leg I had pain and when he and The allegations contained in Paragraph 4 of the plaintiff's Complaint are

other officers notice (sic) before putting [me] in the car because I told them they looked at him and remarked you broke his hand he said fuck him put him in the car. ANSWER: As to the allegations contained in Paragraph 5 of the plaintiff's Complaint,

the defendant has insufficient knowledge on which to form a belief and therefore, leaves the plaintiff to his proof.

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AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE The plaintiff's Complaint fails to state a claim upon which relief may be granted. SECOND AFFIRMATIVE DEFENSE At all times relevant to this action, the defendant, Brian Foley, is entitled to qualified immunity as he was involved in the exercise of discretionary duties and did not violate any clearly established constitutional right which a reasonable police officer would have known; or, in the alternative, his actions were objectively reasonable in that they did not violate any clearly established constitutional or statutory right of the plaintiff. THIRD AFFIRMATIVE DEFENSE At all times relevant to this action, the defendant, Brian Foley, were immune from liability as to any state law claims as he was engaged in discretionary activities while performing public duties as part of a governmental function.

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THE DEFENDANT : BRIAN FOLEY

By Eric P. Daigle of HALLORAN & SAGE LLP Fed. Bar #ct23486 One Goodwin Square 225 Asylum Street Hartford, CT 06103 (860) 522-6103 [email protected] His Attorneys CERTIFICATION This is to certify that on this 12th day of July, 2004, a copy of the foregoing Answer was mailed, postage prepaid, to: Miguel A. Diaz, #250008 MacDougall Correctional Institute 1153 East Street South Suffield, CT 06080

Eric P. Daigle
570941.1

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