4:16-cv-03037-JFB-TDT Doc # 4 Filed: 03/16/16 Page 1 of 4 ...bloximages.chicago2.vip.townnews.com/starherald... · 8. Defendants admit that on February 19, 2016, Defendant Darrell

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

JOSEPH APPLEGARTH, RUDY BUTCH STANKO

Plaintiffs, vs.

DARRELL MARSHALL, Individually, and In his official capacity as Commander of AMERICAN LEGION POST 12, aka, AMERICAN LEGION; DEFENDANTS 1X Through 5X, once discovery is completed;

Defendants.

) ) ) ) ) ) ) ) ) ) ) )

CASE NO. 4:16-cv-03037

ANSWER OF DEFENDANTS

The Defendants, by and through their undersigned attorney, for their Answer to the

allegations contained within the Plaintiffs’ Complaint, hereby admit, deny, and allege

as follows:

1. To the extent alleged, Defendants admit that Plaintiff Joseph Applegarth is

a resident of Chadron, Dawes County, Nebraska.

2. To the extent alleged, Defendants admit that Plaintiff Rudy Butch Stanko

is a resident of Gordon, Sheridan County, Nebraska.

3. Defendants admit that Defendant Darrell Marshall is a resident of

Chadron, Dawes County, Nebraska. Defendant further admits and alleges that

Defendant Darrell Marshall is the elected Commander and President of Defendant Bill

Dowling Post No. 12 American Legion Building Association, which has been identified

by the Plaintiffs in their Complaint as “American Legion Post 12, aka, American

Legion.”

4:16-cv-03037-JFB-TDT Doc # 4 Filed: 03/16/16 Page 1 of 4 - Page ID # 16

2

4. Defendants admit and specifically allege that the true and correct

corporate name for Defendant“American Legion Post 12, aka, American Legion” is“Bill

Dowling Post No. 12, American Legion Building Association.” Defendants admit and

specifically allege that Bill Dowling Post No. 12, American Legion Building Association

is a private, non-profit corporation, organized and existing under the laws of the State

of Nebraska, with its principal place of business located in Chadron, Dawes County,

Nebraska.

5. This Court has subject matter jurisdiction over this case pursuant to

28 U.S.C. §§1343 and 1367, for the reason that this action is alleging violations of federal

constitutional rights which is within the original jurisdiction of the federal courts.

Further, this Court has supplemental jurisdiction over any state law claims alleged

within the Complaint pursuant to 28 U.S.C. §1367.

6. Defendants admit that on or about January 27, 2016 an article appeared in

the “Stampede newspaper” titled “What Freedom Has the Veteran Preserved?”

Defendants have insufficient information to admit or deny who authored the article. A

true and accurate copy of the article is attached hereto as Exhibit 1.

7. Defendants admit that on February 17, 2016, “The Stampede” published a

letter from Jody Applegarth. A true and accurate copy of the February 17, 2016, issue of

“The Stampede” is attached hereto as Exhibit 2.

8. Defendants admit that on February 19, 2016, Defendant Darrell Marshall

wrote a letter to Jody Applegarth. A true and accurate copy of the letter sent to Mr.

Applegarth is attached hereto as Exhibit 3.


3

9. Defendants deny that the letter “implied author Rudy Butch Stanko was

also banned from coming on the property of defendant American Legion for his

political beliefs.”

10. Defendants, to the extent alleged or implied in the Plaintiffs’ Complaint,

specifically deny that Plaintiff Jody Applegarth was ever an employee.

11. Defendants, to the extent alleged or implied in the Plaintiffs’ Complaint,

specifically deny that Plaintiff Jody Applegarth was “fired” or “terminated” from any

employment with any of the Defendants.

12. Defendants generally deny each and every remaining allegation except

those allegations specifically admitted above and those allegations which are

admissions against the interests of Plaintiffs.

13. Defendants specifically and affirmatively allege that Rudy Butch Stanko is

not a real party in interest.

14. Defendants specifically and affirmatively allege that the Plaintiffs have

failed to state a cause of action against them for which relief can be granted.

15. Defendants specifically and affirmatively allege that Plaintiff Jody

Applegarth was never an employee of Defendants.

16. Defendants hereby demand a jury trial.

WHEREFORE, Defendants having fully answered the Plaintiffs’ Complaint,

hereby respectfully requests that the Plaintiffs’ Complaint be dismissed with prejudice

as to both the Federal and State claims; for attorneys’ fees and costs, and for such other

and further relief and this Court deems just.


4

Dated: March 16, 2016.

DARRELL MARSHALL and AMERICAN LEGION POST 12, aka, AMERICAN LEGION, Defendants

By: /s/ Amy L. Patras

Amy L. Patras, NSBA#22463 CRITES SHAFFER CONNEALY WATSON PATRAS & CULLERS PC LLO 201 E. Third Street- PO Box 1070 Chadron, Nebraska 69337 Telephone: (308) 432-3339 Facsimile: (308) 432-2960 [email protected] Attorneys for Defendants

CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the foregoing Answer of Defendants was deposited in the United States mail, regular postage prepaid, on this 16th day of March, 2016, addressed to the following individuals: Joseph Applegarth 415 Lake Street Chadron, NE 69337 Rudy Butch Stanko Box 171, Rt. 1 Gordon, NE 69343 /s/ Amy L. Patras Amy L. Patras


mailto:[email protected]

4:16-cv-03037-JFB-TDT Doc # 4-1 Filed: 03/16/16 Page 1 of 1 - Page ID # 20











Documents

4:16-cv-03037-JFB-TDT Doc # 4 Filed: 03/16/16 Page 1 of 4 ...bloximages.chicago2.vip.townnews.com/starherald... · 8. Defendants admit that on February 19, 2016, Defendant Darrell