Deputies Defense

8/13/2019 Deputies Defense

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T'NITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDAJACKSONVILLE DIVISIONC. WILIAM CURTIS, on Behalf of theEstate of Daniel Linsinbigler, Deceased,

Plaintiff,vs. CASE NO.: 3 : 1 3-CV-1352-J-RICK BESELER, as Clay County Sheriff;DEPUTY ANGEL ACOSTA, DEPUTYJARED BLUDSWORTH; DEPUTYRODNEY HOULDSON; DEPUTYNEAL MCDADE, DEPUTY LENVILSENTER; DEPUTY BECKY WOLF;SERGEANT ROBERT HEAPS, ANdCAPTAIN TOM WAUGH,

Defendants.

DEFENSES OF DEFENDACOSTA. JARED BLUDSWORTH. RODNEY HOULDSON NEAL MCDADE, LENVILROBERT HEAPS ANDDefendants, ANGEL ACOSTA, JARED BLUDSWORTH, RODNEY HOULDSON,

NEAL MCDADE, LENVIL SENTER, BECKY WOLF, ROBERT HEAPS AND TOMWAUGH, by and through undersigned counsel, respond to the complaint of the Plaintiff as follows:

1. Admitted for jurisdictional pulposes only. To the extent, howevet that thebringing of this action or the recitation of any alleged basis for jurisdiction gives rise to anyinference that Defendants engaged in any tortuous or unlawful conduct or violation of Plaintiff scivil rights, such inference is denied. Similarly, Defendants deny Plaintiff is entitled to any ofthe relief sought in the complaint.

2. Denied at phrased.

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3. Denied at phrased.4. Denied at phrased.5. Denied at phrased.6. Admitted for jurisdictional purposes only. To the extent, however that the

bringing of this action or the recitation of any alleged basis for jurisdiction gives rise to anyinference that Defendants engaged in any tortuous or unlawful conduct or violation of Plaintiflscivil rights, such inference is denied. Similarly, Defendants deny Plaintiff is entitled to any ofthe relief sought in the complaint.

7. Admitted for jurisdictional purposes only. To the extent, however that thebringing of this action or the recitation of any alleged basis for jurisdiction gives rise to anyinference that Defendants engaged in any tortuous or unlawful conduct or violation of Plaintiff scivil rights, such inference is denied. Similarly, Defendants deny Plaintiff is entitled to any ofthe relief sought in the complaint.

8. Admitted for jurisdictional purposes only. To the extent, however that thebringing of this action or the recitation of any alleged basis for jurisdiction gives rise to anyinference that Defendants engaged in any tortuous or unlawful conduct or violation of Plaintiff scivil rights, such inference is denied. Similarly, Defendants deny Plaintiff is entitled to any ofthe relief sought in the complaint.

9. Denied.10. Admitted for jurisdictional purposes only, except as to any violation of the Fourth

or Eighth Amendments, which are denied. To the extent, however that the bringing of this actionor the recitation of any alleged basis for jurisdiction gives rise to any inference that Defendantsengaged in any tortuous or unlawful conduct or violation of Plaintifls civil rights, such inference

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is denied. Similarly, Defendants deny Plaintiff is entitled to any of the relief sought in thecomplaint.

11. Admitted for venue purposes only. To the extent, however that the bringing ofthis action or the recitation of any alleged basis for jurisdiction gives rise to any inference thatDefendants engaged in any tortuous or unlawful conduct or violation of Plaintiff s civil rights,such inference is denied. Similarly, Defendants deny Plaintiff is entitled to any of the rcliefsought in the complaint.

12. Without knowledge, therefore denied.13. Without knowledge, therefore denied.14. Admitted, as limited by the defenses set forth in the Defendants' affirmative

defenses and responses to other portions of the complaint.15. Admiued that Rick Beseler is the Sheriff of Clay County, Florida and that Clay

County is located in the Middle District of Florida. The remaining allegations of this paragraph aredenied.

16. Admitted, as limited by the defenses set forth in the Defendants' affirmativedefenses and responses to other portions of the complaint.

17. Admitted, as limited by the defenses set forth in the Defendants' affirmativedefenses and responses to other portions of the complaint.

18. Without knowledge, therefore denied.19. Without knowledge, therefore denied.20. Without knowledge, therefore denied.21. Without knowledge, therefore denied.22. Admitted that the named Defendant was a corrections officer employed by the

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Sheriff of Clay County, was acting within the course and scope of his employment and actingunder color of law. The remaining allegations of this paragraph are denied.

23. Admitted that the named Defendant was a corrections officer employed by theSheriff of Clay County, was acting within the course and scope of his employment and actingunder color of law. The remaining allegations of this paragraph are denied.


25. Admitted that the named Defendant was a corrections officer employed by theSheriff of Clay County, was acting within the course and scope of his employment and actingunder color of law. The remaining allegations of this paragraphare denied.





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30. The fact of the decedent's detention is admitted. The remaining allegations of thisparagraph are denied.

31. Denied.32. Denied.33. Denied.34. Denied.35. Denied.36. Denied.37. Denied.38. Without knowledge, therefore denied.39. Without knowledge, therefore denied.40. Denied.41. Denied.42. Denied.

COUNT I (ACOSTA ONLY)43. Defendant ACOSTA reasserts his responses to all applicable foregoing paragraphs.44. Denied.45. Denied.46. Admitted the decedent was placed in a restraint chair; the remaining allegations of

this paragraph are denied.47. Denied.48. Denied.49. Denied.

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50. Denied.51. Denied.

COUNT II (BLUDSWORTH ONLY)52. Defendant BLUDSWORTH reasserts his responses to all applicable foregoing

paragraphs.53. Denied.54. Denied.55. Admitted the decedent was placed in a restraint chair; the remaining allegations of

this paragraph are denied.56. Denied.57. Denied.58. Denied.59. Denied.60. Denied.

COUNT III (HOULDSON ONL]O61. Defendant HOULDSON reasserts his responses to all applicable foregoingparagraphs.

62. Denied.63. Denied.64. Admitted the decedent was placed in a restraint chair; the remaining allegations of

this paragraph are denied.65. Denied.66. Denied.

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67. Denied.Denied.Denied.

70. Defendant HEAPS reasserts his responses to all applicable foregoing paragraphs.71. Denied.12. Denied.73. Admitted the decedent was placed in a restraint chair; the remaining allegations of


COUNT V (McDADE ONL\O79. Defendant McDADE reasserts his responses to all applicable foregoing paragraphs.80. Denied.81. Denied.82. Admitted the decedent was placed in a restraint chair; the remaining allegations of

this paragraph are denied.83. Denied.84. Denied.85. Denied.

6869

COUNT IV (HEAPS ONL]O

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86. Denied.87. Denied.

COUNT VI (SENTER ONLY)88. Defendant SENTER reasserts his responses to all applicable foregoing paragraphs.89. Denied.90. Denied.91. Admitted the decedent was placed in a restraint chair; the remaining allegations of


COTJNT \rII TWOLF ONL)O97. Defendant WOLF reasserts his responses to all applicable foregoing paragraphs.98. Denied.99. Denied.100. Admitted the decedent was placed in a restraint chair; the remaining allegations of

this paragraph are denied.101. Denied.102. Denied.103. Denied.104. Denied.

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105. Denied.COUNT VIII (WAUGH ONL]O

106. Defendant WAUGH reasserts his responses to all applicable foregoing paragraphs.107. Denied.108. Denied.109. Admitted the decedent was placed in a restraint chair; the remaining allegations of

this paragraph are denied.110. Denied.111. Denied.Il2. Denied.113. Denied.ll4. Denied.

COTJNT IX115. These Defendants decline response to this Count of Plaintifls

contains no claim for relief as to these Defendants.116. These Defendants decline response to this Count of Plaintiff s

contains no claim for relief as to these Defendants.Il7. These Defendants decline response to this Count of Plaintifls

contains no claim for relief as to these Defendants.118. These Defendants decline response to this Count of Plaintiffs

contains no claim for relief as to these Defendants.Il9. These Defendants decline response to this Count of Plaintiffs

contains no claim for relief as to these Defendants.

complaint which

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120. These Defendants decline response to this Count of Plaintifls complaint whichcontains no claim for relief as to these Defendants.

I2I. These Defendants decline response to this Count of Plaintiffs complaint whichcontains no claim for relief as to these Defendants.

COUNT X122. These Defendants decline response to this Count of Plaintiff s complaint which

contains no claim for relief as to these Defendants.123. These Defendants decline response to this Count of Plaintifls complaint which

contains no claim for relief as to these Defendants.124. These Defendants decline response to this Count of Plaintiff s complaint which

contains no claim for relief as to these Defendants.I25. These Defendants decline response to this Count of PlaintifPs complaint which

contains no claim for relief as to these Defendants.126. These Defendants decline response to this Count of Plaintiff s complaint which

contains no claim for relief as to these Defendants.AFFIRMATIVE DEFENSES

1. Any and all actions taken by the individually named Defendants were not contraryto clearly established law of which a reasonable person or officer would know and be expected toapply in a factually similar context, they are entitled to the benefit of the defense of qualifiedimmunity.

2. The actions taken by the Defendants were privileged in that they were undertakenin a manner reasonable under the circumstances and for the purpose of accomplishing a lawfulobjective.

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CERTIFICATE OF SERVICEI HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via

CM/ECF System delivery to Michael D. Marrese, Esquire, Morgan & Morgan, P.A., 76 SouthLatra Street, Suite 1100, Jacksonville, FL32202,this 21't day of November 2013.

/s/ KEITH C. TISCHLERKEITH C. TISCHLER

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