Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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IN THE SUPERIOR COURT OF RIDGEWAY WILFORDSHULMAN, Plaintiff, v. JAMESGARDAI, in his quasi-official capacity as Sergeant in the Ridgeway National Guard, Defendant. § § § § § § § § § § § Civil Action No. RSC-CV-3172 DEFENDANT’S ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES Pursuant to Rid. R. Civ. P. 7(a), Defendant JamesGardai hereby submits his response and affirmative defenses to the numbered paragraphs of Plaintiff’s Complaint. ALLEGATIONS 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted and denied. It is admitted that JamesGardai did issue a warning to the protesters; it is denied, however, that he was agitated. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Paragraph 13 draws a legal conclusion to which no response is required. If a response is required, Paragraph 13 is denied. 14. Denied. 15. Admitted. 16. Admitted. 17. Denied. 18. Denied. 19. Denied. 20. Denied. JURISDICTION AND VENUE 21. Admitted. 22. Admitted. PARTIES 23. Admitted. 24. Admitted. SECOND CAUSE OF ACTION 25. Defendant incorporates by reference its answers to the preceding Paragraphs as if set forth at length herein 26. Denied. Paragraph 26 states conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, the allegations in Paragraph 26 are denied. 27. Denied. Paragraph 27 states conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is required, the allegations in Paragraph 27 are denied. PRAYER FOR RELIEF WHEREFORE, Defendant denies that Plaintiff is entitled to any of the relief requested. AFFIRMATIVE DEFENSES First Affirmative Defense 1. Plaintiff has unclean hands with respect to the matter alleged in the Complaint and are therefore barred from recovering any relief on the Complaint or any purported cause of action, implied or express, therein. Second Affirmative Defense 2. The Complaint fails to state a claim against Defendant upon which relief may be granted. Third Affirmative Defense 3. 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.

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