Case 3:11-cv-01081-MPS Document 118 Filed 03/13/13 Page 1 of 19

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ALBERT EADDY and LISA EADDY 3:ll-cv-01081 (MPS) Plaintiffs
V.

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, AND JOHN DESTEFANO : Defendants

MARCH 13, 2013

ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT JOHN DESTEFANO TO PLAINTIFFS FIRST CONSOLIDATED AMENDED COMPLAINT PRELIMINARY STATEMENT 1. To the extent that paragraph 1 of the First Consolidated Amended

Complaint is merely presenting an overview of his case, no response is required. To the extent that said paragraph is intending to allege claims against this defendant, said claims and the material allegations in support of them are denied. 2. As to paragraph 2 of the First Consolidated Amended Complaint,

this defendant does not have sufficient knowledge or information upon which to form a belief, and therefore leaves the plaintiffs to their proof. JURISDICTION 3. Paragraph 3 of the First Consolidated Amended Complaint merely

sets forth a legal and statutory conclusion as to the jurisdictional basis of plaintiffs claims and does not require a response.

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4.

Paragraph 4 of the First Consolidated Amended Complaint merely

sets forth a legal and statutory conclusion as to the jurisdictional basis of plaintiffs 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 in Connecticut is admitted, and, as to the remaining portion of said paragraph, it merely sets forth a legal conclusion as to venue and does not require a response. PARTIES 6. As to paragraph 6 of the First Consolidated Amended Complaint,

this defendant does not have sufficient knowledge or information 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 created under the laws of Connecticut is admitted, and as to the remaining portion of said paragraph, to the extent that the allegation is consistent with the obligations and duties imposed by the laws of the State of Connecticut and the Charter of the

City of New Haven as they delineate the City of New Havens responsibilities with
respect 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 or implicitly, something different, it is denied. 9. So much of paragraph 9 of the First Consolidated Amended

Complaint as alleges that Defendant Dudley was at all times relevant employed as a sworn member and supervisor within the NHPD (sic) (correct designation being New Haven Department of Police Service) and at all times was acting under the color of state law is admitted, as to the remaining portion of said paragraph, as it applies to Defendant Dudley, this defendant does not have sufficient knowledge or information to form a belief, and therefore leaves the plaintiffs to their proof. So much of paragraph 9 of the First Consolidated

Amended Complaint as alleges that Defendant Minardi was at all times relevant employed as a sworn member and supervisor within the NHPD (sic) (correct designation being New Haven Department of Police Service) and at all times was acting under the color of state law is admitted, and, as to the remaining portion of said paragraph, this defendant does not have sufficient knowledge or information to form a belief, and therefore leaves the plaintiffs to their proof. 10. So much of paragraph 10 of the First Consolidated Amended

Complaint as alleges that Defendants Cacela, Jemiola, Colon, Formica, Canace, Reid, Agosto, and Crespo were at all times relevant employed as a sworn members of the NHPD (sic) (correct designation being New Haven Department of Police Service) is admitted.

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11.

Admitted in so far as John DeStefano has been the Mayor of the

City of New Haven since 1994. Denied as to being responsible for day to day activities. NOTICE OF INTENT TO FILE SUIT 12. 13. Admitted. Admitted. FACTUAL ALLEGATIONS History of the New Haven Police Department 14. 15. 16. Admitted. Admitted. The defendant does not have sufficient knowledge or information

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

admitted, however, it is denied that what is set forth in said paragraph is relevant or material to the claims being presented by the plaintiffs in this matter. 19. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 20. The defendant does not have sufficient knowledge or information

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

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

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22.

The defendant does not have sufficient knowledge or information

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

upon which to 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 Department

of Police Services entered into a contract in 2004, as to the remaining portion of the paragraph, the defendant does not have sufficient knowledge or information upon which to form a belief, and therefore leave the plaintiffs to their proof. 29. 30. Denied. The defendant does not have sufficient knowledge or information

upon which to 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 information upon which to form a belief, and therefore leave the plaintiffs to their proof. 33. 34. Denied. The defendant does not have sufficient knowledge or information

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

Mr. Eaddys Specific Alegations 36.

The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 37. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 38. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 39. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 40. The defendant does not have sufficient knowledge or information

upon which to 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. 42. 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 not have sufficient knowledge or information

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

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44.

The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 45. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 46. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 47. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 48. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 49. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 50. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 51. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 52. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 53. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 54. The defendant does not have sufficient knowledge or information

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

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55.

The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 56. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 57. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 58. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 59. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 60. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 61. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 62. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 63. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 64. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 65. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 66. Denied.

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67.

The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 68. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 69. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 70. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 71. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 72. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 73. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 74. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 75. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 76. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 77. 78. Denied. The defendant does not have sufficient knowledge or information

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

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79.

The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. DAMAG ES 80. 81. Denied. Denied.

CAUSES OF ACTION COUNT I

82.

1983 Claim for Excessive Force

The answers of this defendant to the paragraphs denoted in this

paragraph as [aill the above paragraphs are hereby incorporated as the answers to the paragraphs set forth in paragraph 82 as if fully set forth herein. 83. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 84. The defendant does not have sufficient knowledge or information

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

1983 Claim for

85.

Failure to Intercede

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 85 as if fully set forth herein. 86. The defendant does not have sufficient knowledge or information

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

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87.

The defendant does not have sufficient knowledge or information

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

88.

1983 Claims for False Arrest and Imprisonment

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 88 as if fully set forth herein. 89. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 90. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 91. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 92. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 93. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 94. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 95. The defendant does not have sufficient knowledge or information

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

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

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COUNT IV 1983 Claim for Delay and Denial of Medical Care and Treatment and Failure to Protect While in Custody 97. The answers of this defendant to the paragraphs denoted in this

paragraph as [a]lI the above paragraphs are hereby incorporated as the answers to the paragraphs set forth in paragraph 97 as if fully set forth herein. 98. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 99. The defendant does not have sufficient knowledge or information

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

COUNT V

1983
100.

MonellClaim

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 100 as if fully set forth herein. 101. 102. 103. 104. 105. Denied. Denied. Denied. Denied. Denied.

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106. 107.

Denied. The defendant does not have sufficient knowledge or information

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

1983 Claim for Conspiracy

108. 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. 110. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 111. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 112. 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 Connecticut 113. 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 113 as if fully set forth herein. 114. 115. Denied. Denied.

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116. 117.

Denied. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. COUNT VIII Pendant Claims of Assault and Battery 118. 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. 120. 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 Negligence 121. 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 121 as if fully set forth herein. 122. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 123. 124. 125. Denied. Denied. 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 New Haven or any employee as it pertains to this case. COUNTX Pendant Claims of False Arrest and False Imprisonment 126. The answer 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 126 as if fully set forth herein. 127. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 128. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 129. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. COUNTXI Pendant Claim of Malicious Prosecution 130. The answers of this defendant to the paragraphs denoted in this

paragraph as [a]lI the above paragraphs are hereby incorporated as the answers to the paragraphs set forth in paragraph 130 as if fully set forth herein. 131. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 132. The defendant does not have sufficient knowledge or information

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

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COUNT XII Pendant Claims of Intentional and Negligent Infliction of Emotional Distress 133. 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 133 as if fully set forth herein. 134. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 135. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 136. The defendant does not have sufficient knowledge or information

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

1983 and
137.

Pendant Claims of Loss of Consortium Claims by Lisa Eaddy 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 137 as if fully set forth herein. 138. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 139. Denied in so far as this paragraph alleges negligence or liability and

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

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140.

Denied in so far as this paragraph alleges misconduct, negligence

or liability on behalf of this defendant and as to the remainder, the defendant does not have sufficient knowledge or information upon which to form a belief, and therefore leave the plaintiffs to their proof. COUNTXIV Pendant Claim for Indemnification 141. 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 141 as if fully set forth herein. 142. Admitted in so far as the defendant City of New Haven would be

legally liable to pay on behalf of the defendants Cacela, Dudley, Jemiola, Colon, Minardi, Formica, Canace, Reid, Agosto, and Crespo if such defendants were liable under C.G.S.

7-465. COUNT XV

Pendant Claim for Negligent Retention 143. 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 143 as if fully set forth herein. 144. 145. Denied. The defendant does not have sufficient knowledge or information

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

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COUNTXVI 1983 Claim for Violation of the Fourth and Fourteenth Amendments 146. 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 146 as if fully set forth herein. 147. The defendant does not have sufficient knowledge or information

upon which to form a belief, and therefore leave the plaintiffs to their proof. 145. The defendant does not have sufficient knowledge or information

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

AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE This defendant asserts his governmental immunity under common law from liability for the actions alleged to have violated the Constitution and laws of the State of Connecticut.

THE DEFENDANT, JOHN DESTEFANO, JR.

BY: Is! Christopher Neary Deputy Corporation Counsel Office of the Corporation Counsel

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City of New Haven 165 Church Street New Haven, CT 06510 (203) 946-7963 E-mail: cnearv@ newhavenct.net Fed. Bar #Ct28738 His Attorney

CERTIFICATION I hereby certify that on March 13, 2013, the Answer and Affirmative Defenses of John DeStefano was filed electronically and served by mail, if necessary, on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the courts electronic filing system or by mail to any one unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the courts CM/ECF System.

5/

Christopher M. Neary

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