Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF RIDGEWAY Civil Action No. RSC-CV-2587 DEFENDANTS’ FULL ANSWER AND AFFIRMATIVE DEFENSES Pursuant to Rid. R. Civ. P. 7(a), Defendant ImThunderr (“Defendant”), proceeding by and through his undersigned counsel, hereby submits his response to the numbered paragraphs of Plaintiff’s Complaint. THE INCIDENT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted/Denied. Defendant admits that he arrested Plaintiff. Defendant denies that the arrest was made unlawfully. JURISDICTION & VENUE 7. Admitted. 8. Admitted/Denied. Defendant denies that any tortious actions took place at all. PARTIES RETROFANCY, Plaintiff, v. IMTHUNDERR, Defendant. 9. Admitted. 10.Admitted. FIRST CAUSE OF ACTION (Official Misconduct) 11.All paragraphs under this heading are denied. Defendants assert that Plaintiffs are not entitled to any relief. SECOND CAUSE OF ACTION (Habeas Relief) 12.All paragraphs under this heading are denied. Defendants assert that Plaintiffs are not entitled to any relief. AFFIRMATIVE DEFENSES 13. Defendants set forth their affirmative defense. By setting forth these affirmative defenses, Defendants do not assume the burden of proving any fact, issue, or element of a cause of action. First Affirmative Defense 14. The Second Cause of Action for habeas remedy fails to state a claim upon which relief can be granted. Second Affirmative Defense 15. This action is barred to the extent that Plaintiff’s habeas remedy is not sufficiently plead under state law. Third Affirmative Defense 16. This action is barred because Defendant had good faith to believe that his actions were, at all times during the arrest, reasonable and in compliance with state law. Fourth Affirmative Defense 17. To the extent that Plaintiff seeks punitive damages against Defendant, Plaintiff’s recovery of such damages is limited by Defendant’s immunity from personal liability for actions undertaken in both his individual and official capacity (quasi). PRAYER WHEREFORE, considering the premises set forth herein, Defendant prays that his answer be deemed good and sufficient and all claims by Plaintiff against Defendants be dismissed, with prejudice, and such other and further relief, legal and equitable, be awarded in favor of Defendant. Dated: April 15, 2024. Palmer, Ridgeway. Respectfully submitted, /s/ S. Stickza Stickza Solicitor General Ridgeway Department of Justice 1 County Annex Palmer, Ridgeway 33368 Counsel for Defendant

Response_to_Complaint_-_ImThunderr.pdf

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