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Eckert v City of Deming Doc 22.0

Eckert v City of Deming Doc 22.0

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Published by bishamon72
Response by City of Deming and Deming Police Officers Orosco, Chavez, and Hernandez to David Eckert's lawsuit
Response by City of Deming and Deming Police Officers Orosco, Chavez, and Hernandez to David Eckert's lawsuit

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Categories:Types, Business/Law
Published by: bishamon72 on Nov 06, 2013
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11/08/2013

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO DAVID ECKERT, Plaintiff, v. Cause No. 13-CV-00727 CG-WPL THE CITY OF DEMING, DEMING POLICE OFFICERS BOBBY OROSCO, ROBERT CHAVEZ, and OFFICER HERNANDEZ; HIDALGO COUNTY; HILDAGO COUNTY SHERIFF OFFICERS DAVID ARREDONDO, ROBERT RODRIGUEZ, and PATRICK GREEN; DEPUTY DISTRICT ATTORNEY DANIEL DOUGHERTY, GILA REGIONAL MEDICAL CENTER, ROBERT WILCOX M.D., and OKAY H. ODACHA, M.D. Defendants. DEFENDANTS’ ANSWER TO COMPLAINT TO RECOVER DAMAGES FOR DEPRIVATION OF CIVIL RIGHTS AND PERSONAL INJURY
Defendants City of Deming, Bobby Orosco, Robert Chavez and Officer Hernandez (hereinafter collectively referred to as “City Defendants”), by and through their counsel, Tony F. Ortiz, Attorney at Law, LLC, submit the following Answer to Complaint to Recover Damages for Deprivation of Civil Rights and Personal Injury and answer as follows:
JURISDICTION AND VENUE
City Defendants are without sufficient information to admit or deny whether the asserted  bases for jurisdiction and venue are proper. Any remaining allegations are denied. Page
 
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Case 2:13-cv-00727-CG-WPL Document 22 Filed 10/11/13 Page 1 of 9
 
PARTIES
1. Paragraph 1: City Defendants are without sufficient information to admit or deny. 2. Paragraph 2: Admit. 3. Paragraph 3: The City Defendants admit that Chavez is a law enforcement officer for the City of Deming. City Defendants are without sufficient information sufficient information to admit or deny the remaining allegations because the phrase “at all times material” is not otherwise defined or specified. 4. Paragraph 4: Denied that Defendant Hernandez is employed with the City of Deming. Defendants are without sufficient information sufficient information to admit or deny the remaining allegations because the phrase “at all times material” is not otherwise defined or specified. 5. Paragraph 5: Admitted that Defendant Orosco is a law enforcement officer with the City of Deming. Defendants are without knowledge or information sufficient to form a belief as to the remaining allegations because the phrase “at all times material” is not otherwise defined or specified. 6. Paragraph 6: Admitted. 7. Paragraph 7-10: Not sufficient information to admit or deny. 8. Paragraph 11: Admitted that the hospital is located in Silver City. Any remaining allegations are denied.9. Paragraphs 12-13: City Defendants are without sufficient information to admit or deny. 10. Paragraph 15-31: City Defendants are without sufficient information to admit or deny. Page
 
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Case 2:13-cv-00727-CG-WPL Document 22 Filed 10/11/13 Page 2 of 9
 
11. Paragraph 32: Admitted that Plaintiff was stopped in the Deming Walmart  parking lot for failure to yield at a stop sign. Any remaining allegations are denied. 12. Paragraph 33: Admitted. 13. Paragraph 34: Admitted that a pat down was conducted. Any remaining allegations are denied. 14. Paragraph 35-37: Admitted. 15. Paragraph 38: Denied. 16. Paragraph 39: City Defendants admit that Plaintiff gave consent to search his vehicle. Any remaining allegations are denied. 17. Paragraph 40: Admitted. 18. Paragraph 41: Not sufficient information to admit or deny. 19. Paragraph 42: Admit that the statement was reported. Not sufficient information to admit or deny the remaining allegations. 20. Paragraph 43: Not sufficient information to admit or deny. 21. Paragraph 44: Admit. 22. Paragraph 45: Denied. 23. Paragraph 46: Admit that the vehicle was seized. Not sufficient information to admit or deny the remaining allegations. 24. Paragraph 47-48: Admitted. 25. Paragraph 49: Admitted that Defendant Chavez wrote an affidavit. Defendant denies that the matter was prepared for a magistrate judge. Admit that the language of the warrant included the quoted language about a cavity search and the listed times. Admit that Defendant Chaves did not allege that Plaintiff inserted anything in his rectum, but deny any allegation that Page
 
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Case 2:13-cv-00727-CG-WPL Document 22 Filed 10/11/13 Page 3 of 9

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