Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF RIDGEWAY Civil Action No. RSC-CV-3089 DEFENDANT’S FULL ANSWER AND AFFIRMATIVE DEFENSES Pursuant to Rid. R. Civ. P. 7(a), the Solicitor General, representing Defendant ab_bae, hereby submits their response and affirmative defenses to the numbered paragraphs of Plaintiff’s Complaint. JURISDICTION AND VENUE 1. Admitted. 2. Admitted. PARTIES 3. Admitted. 4. Admitted. FACTS 5. Paragraph 5 states a legal conclusion to which no response is required. In the event that a response is required, Paragraph 5 is denied. 6. Admitted and denied. It is admitted that Defendant and several officers approached the home. It is denied that Defendant lacked probable cause. 7. Paragraph 7 states a speculative conclusion to which no response can be rendered. In the event that a response is required, Paragraph 7 is admitted. YAAHZ, Plaintiff, v. AB_BAE, in her quasi-official capacity as a Sergeant in the Palmer Police Department, Defendant. 8. Admitted and denied. It is admitted that Plaintiff’s vehicle sat outside and searched. It is denied that the vehicle was not “tie[d] to any criminal activity.” 9. Admitted and denied. It is admitted that Defendant shot Plaintiff with her taser. It is denied that she lacked reasoning to do so. FIRST CAUSE OF ACTION (1 R. Stat. § 3201 – Official Misconduct) 10.All paragraphs under this heading are denied. Defendant asserts that Plaintiff is not entitled to any relief, equitable or monetary. AFFIRMATIVE DEFENSES 1. Defendant sets forth her affirmative defenses. By setting forth these affirmative defenses, Defendant does not assume the burden of proving any fact, issue, or element of a cause of action. First Affirmative Defense Statutory Immunity 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 her individual and official capacity. Second Affirmative Defense In Pari Delicto To the extent that Plaintiff seeks monetary damages, including punitive and compensatory damages, the claims set forth in the Complaint are barred because Plaintiff has engaged in acts and conduct which render him in pari delicto. Third Affirmative Defense Unclean Hands To the extent that Plaintiff seeks equitable relief, including injunctions and declaratory relief, the claims set forth in the Complaint are barred because Plaintiff has engaged in improper conduct regarding the subject matter of his claim. RESERVATION OF OTHER AFFIRMATIVE DEFENSES The answering Defendant reserves the right to allege other affirmative defenses, as it may become known through the course discovery Dated: June 26, 2024. Palmer, Ridgeway. Respectfully submitted, /s/ S. Stickza Stickza Solicitor General Ridgeway Department of Justice 1 County Annex Palmer, Ridgeway 33368 Counsel for Defendant

RSC-CV-3089_-_Answer.pdf

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