Eaddy response

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UNITED STATES DISTRICT COURTDISTRICT OF CONNECTICUTALBERT EADDY and LISA EADDY

3:ll-cv-01081 (MPS)PlaintiffsV.

P.O. JEMIOLA, P.O. CACELA, P.O. COLON,P.O. FORMICA, P.O. CANACE, P.O. REID,P.O. AGOSTO, P.O. CRESPO, JOHN DOES,CITY OF NEW HAVEN, ANDJOHN DESTEFANO : MARCH 13 , 2013Defendants

ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT JOHNDESTEFANO TO PLAINTIFFS FIRST CONSOLIDATED AMENDEDCOMPLAINTPRELIMINARY STATEMENT

1. To the extent that paragraph 1 of the First Consolidated AmendedComplaint is merely presenting an overview of his case, no response is required.To the extent that said paragraph is intending to allege claims against thisdefendant, said claims and the material allegations in support of them aredenied.

2. As to paragraph 2 of the First Consolidated Amended Complaint,this defendant does not have sufficient knowledge or information upon which toform a belief, and therefore leaves the plaintiffs to their proof.

JURISDICTION3. Paragraph 3 of the First Consolidated Amended Complaint merely

sets forth a legal and statutory conclusion as to the jurisdictional basis ofplaintiffs claims and does no t require a response.

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4. Paragraph 4 of the First Consolidated Amended Complaint merelysets forth a legal and statutory conclusion as to the jurisdictional basis ofplaintiffs supplemental jurisdictional claims and does not require a response.5. So much of paragraph 5 of the First Consolidated Amended

Complaint as alleges that a substantial part of the events alleged took place inConnecticut is admitted, and, as to the remaining portion of said paragraph, itmerely sets forth a legal conclusion as to venue and does not require aresponse.

PARTIES6. As to paragraph 6 of the First Consolidated Amended Complaint,

this defendant does not have sufficient knowledge or informat ion to form a belief,and therefore leaves the plaintiff to their proof.7. As to paragraph 7 of the First Consolidated Amended Complaint,

this defendant does not have sufficient knowledge or information to form a belief,and therefore leaves the plaintiffs to their proof.8. So much of paragraph 8, of the First Consolidated Amended

Complaint as alleges that the City of New Haven is a governmental entity createdunder the laws of Connecticut is admitted, and as to the remaining portion of saidparagraph, to the extent that the allegation is consistent with the obligations andduties imposed by the laws of the State of Connecticut and the Charter of theCity of New Haven as they delineate the City of New Havens responsibilities withrespect to its Department of Police Service, said portion is admitted, to the extent

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that said portion of the paragraph is intending to allege, either explicitly orimplicitly, something different, it is denied.

9. So much of paragraph 9 of the First Consolidated AmendedComplaint as alleges that Defendant Dudley was at all times relevant employedas a sworn member and supervisor within the NHPD (sic) (correct designationbeing New Haven Department of Police Service) and at all times was actingunder the color of state law is admitted, as to the remaining portion of saidparagraph, as it applies to Defendant Dudley, this defendant does not havesufficient knowledge or information to form a belief, and therefore leaves theplaintiffs to their proof. So much of paragraph 9 of the First ConsolidatedAmended Complaint as alleges that Defendant Minardi was at all times relevantemployed as a sworn member and supervisor within the NHPD (sic) (correctdesignation being New Haven Department of Police Service) and at all times wasacting under the color of state law is admitted, and, as to the remaining portion ofsaid paragraph, this defendant does not have sufficient knowledge or informationto form a belief, and therefore leaves the plaintiffs to their proof.

10. So much of paragraph 10 of the First Consolidated AmendedComplaint as alleges that Defendants Cacela, Jemiola, Colon, Formica, Canace,Reid, Agosto, and Crespo were at all times relevant employed as a swornmembers of the NHPD (sic) (correct designation being New Haven Departmentof Police Service) is admitted.

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11. Admitted in so fa r as John DeStefano has been the Mayor of theCity of New Haven since 1994. Denied as to being responsible for day to dayactivities.

NOTICE OF INTENT TO FIL E SUIT12. Admitted.13. Admitted.

FACTUAL ALLEGATIONSHistory of the New Haven Police Department

14. Admitted.15. Admitted.16. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof.17. Admitted.18. Paragraph 18 of the First Consolidated Amended Complaint is

admitted, however, it is denied that what is set forth in said paragraph is relevantor material to the claims being presented by the plaintiffs in this matter.

19. The defendant does not have sufficient knowledge or informationupon which to form a belief, and therefore leave the plaintiffs to their proof.


21 . The defendant does not have sufficient knowledge or informationupon which to form a belief, and therefore leave the plaintiffs to their proof.

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23. The defendant does not have sufficient knowledge or informationupon which t o form a belief, and therefore leave the plaintiffs to their proof.24 . The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof.25 . The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof.26. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof.27 . Denied.

History of New Haven Police Department

28. Admitted that the City of New Haven and New Haven Departmentof Police Services entered into a contract in 2004, as to the remaining portion ofthe paragraph, the defendant does not have sufficient knowledge or informationupon which to form a belief, and therefore leave the plaintiffs to their proof.29 . Denied.30 . The defendant does not have sufficient knowledge or information

upon which t o form a belief, and therefore leave the plaintiffs to their proof.31 . The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof.32 . Admitted that the City of New Haven and New Haven Department

of Police Services entered into a contract in 2009, as to the remaining portion of

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the paragraph, the defendant does not have sufficient knowledge or informationupon which to form a belief, and therefore leave the plaintiffs to their proof.

33. Denied.34 . The defendant does no t have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof.35 . Denied.

Mr. Eaddys Specific Alegations36. The defendant does not have sufficient knowledge or information

upon which t o form a belief, and therefore leave the plaintiffs to their proof.37. The defendant does no t have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof.38 . The defendant does no t have sufficient knowledge or information


upon which to form a belief, and therefore leave the plaintiffs to their proof.40. The defendant does no t have sufficient knowledge or information

upon which t o form a belief, and therefore leave the plaintiffs to their proof.41 . The defendant does not have sufficient knowledge or information


upon which to form a belief, and therefore leave the plaintiffs to their proof.43 . The defendant does no t have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof.

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47. The defendant does not have sufficient knowledge or information









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63. The defendant does no t have sufficient knowledge or informationupon which to form a belief, and therefore leave the plaintiffs to their proof.



66. Denied.

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77. Denied.78. The defendant does not have sufficient knowledge or information


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DAMAG ES80. Denied.81 . Denied.

CAUSES OF ACTIONCOUNT I

1983 Claim for Excessive Force82 . The answers of this defendant to the paragraphs denoted in this

paragraph as [aill the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 82 as if fully set forth herein.



COUNT II 1983 Claim for Failure to Intercede

85. The answers of this defendant to the paragraphs denoted in thisparagraph as [a}ll the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 85 as if fully set forth herein.


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COUNT Ill 1983 Claims for False Arrest and Imprisonment

88 . The answers of this defendant to the paragraphs denoted in thisparagraph as [a]ll the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 88 as if fully set forth herein.








96 . The defendant does not have sufficient knowledge or informationupon which t o form a belief, and therefore leave the plaintiffs to their proof.

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COUNT IV1983 Claim for Delay and Denial of Medical Care and Treatment andFailure to Protect While in Custody97 . The answers of this defendant to the paragraphs denoted in this

paragraph as [a]lI the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 97 as if fully set forth herein.



COUNT V 1983 MonellClaim

100. The answers of this defendant to the paragraphs denoted in thisparagraph as [a]ll the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 100 as if fully set forth herein.

101. Denied.102. Denied.103. Denied.104. Denied.105. Denied.

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upon which to form a belief, and therefore leave the plaintiffs to their proof.COUNT VI

1983 Claim for Conspiracy108. The answers of this defendant to the paragraphs denoted in this

paragraph as [ajIl the above paragraphs are hereby incorporated as the

answers to the paragraphs set forth in paragraph 108 as if fully set forth herein.109. The defendant does not have sufficient knowledge or information




upon which to form a belief, and therefore leave the plaintiffs to their proof.COUNT VII

Pendant Claim for Violation of the Constitution of the State of Connecticut113. The answers of this defendant to the paragraphs denoted in this

paragraph as [a]ll the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 113 as if fully set forth herein.

114. Denied.115. Denied.

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upon which to form a belief, and therefore leave the plaintiffs to their proof.COUNT VIII

Pendant Claims of Assault and Battery118. The answers of this defendant to the paragraphs denoted in this

paragraph as [a]ll the above paragraphs are hereby incorporated as the

answers to the paragraphs set forth in paragraph 118 as if fully set forth herein.119. The defendant does not have sufficient knowledge or information


upon which to form a belief, and therefore leave the plaintiffs to their proof.COUNT IX

Pendant Claims of Recklessness and Negligence121. The answers of this defendant to the paragraphs denoted in this

paragraph as [ajIl the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 121 as if fully set forth herein.


123. Denied.124. Denied.125. Admitted in so far as Conn. Gen. Stat. 52-557n requires a

municipality to pay damages as a result of negligent conduct by employees.

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Denied in so far as the paragraph alleges liability on behalf of the City of NewHaven or any employee as it pertains to this case.

COUNTXPendant Claims of False Arrest and False Imprisonment

126. The answer of this defendant to the paragraphs denoted in thisparagraph as [ajil the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 126 as if fully set forth herein.




COUNTXIPendant Claim of Malicious Prosecution

130. The answers of this defendant to the paragraphs denoted in thisparagraph as [a]lI the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 130 as if fully set forth herein.



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COUNT XIIPendant Claims of Intentional and Negligent Infliction of Emotional Distress

133. The answers of this defendant to the paragraphs denoted in thisparagraph as [ajil the above paragraphs are hereby incorporated as theanswers to the paragraphs set forth in paragraph 133 as if fully set forth herein.




COUNT XIII 1983 and Pendant Claims of Loss of Consortium Claims by Lisa Eaddy



139. Denied in so far as this paragraph alleges negligence or liability andas to the remainder, the defendant does not have sufficient knowledge orinformation upon which to form a belief, and therefore leave the plaintiffs to theirproof.

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140. Denied in so far as this paragraph alleges misconduct, negligenceor liability on behalf of this defendant and as to the remainder, the defendantdoes not have sufficient knowledge or information upon which to form a belief,and therefore leave the plaintiffs to their proof.

COUNTXIVPendant Claim for Indemnification


142. Admitted in so far as the defendant City of New Haven would belegally liable to pay on behalf of the defendants Cacela, Dudley, Jemiola, Colon,Minardi, Formica, Canace, Reid, Agosto, and Crespo if such defendants wereliable under C.G.S. . 7-465.

COUNT XVPendant Claim for Negligent Retention



upon which to fo rm a belief, and therefore leave the plaintiffs to their proof as toinjuries, denied in so far as the paragraph alleges liability.

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COUNTXVI1983 Claim for Violation of the Fourth and Fourteenth Amendments



145. The defendant does not have sufficient knowledge or informationupon which to form a belief, and therefore leave the plaintiffs to their proof as toinjuries, denied in so far as the paragraph alleges liability.

AFFIRMATIVE DEFENSESFIRST AFFIRMATIVE DEFENSE

This defendant asserts his governmental immunity under common lawfrom liability for the actions alleged to have violated the Constitution and laws ofthe State of Connecticut.

TH E DEFENDANT,JOHN DESTEFANO, JR.

BY: Is!Christopher NearyDeputy Corporation CounselOffice of the Corporation Counsel

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City of Ne w Haven165 Church StreetNew Haven, CT 06510(203) 946-7963E-mail: cnearv@ newhavenct.netFed. Bar #Ct28738His Attorney

CERTIFICATIONI hereby certify that on March 13, 2013, the Answer and AffirmativeDefenses of John DeStefano was filed electronically and served by mail, ifnecessary, on anyone unable to accept electronic filing. Notice of this filing willbe sent by e-mail to all parties by operation of the courts electronic filing systemor by mail to any one unable to accept electronic filing as indicated on the Noticeof Electronic Filing. Parties may access this filing through the courts CM/ECFSystem.

5/Christopher M. Neary

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Eaddy response