CASE 0:13-cv-00030-MJD-LIB Document 6 Filed 03/11/13 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Mahmoud Saffari, Plaintiff, vs. St. Cloud State University, President Earl H. Potter III, Defendants. President Earl H. Potter III (Defendant Potter), for his Answer to Mahmoud Saffaris (Plaintiff) Complaint, states as follows: 1. Except as expressly admitted, denied, or otherwise qualified, denies each and ANSWER OF DEFENDANT PRESIDENT EARL H. POTTER III Court File No. 13-CV-00030 (MJD/LIB)

every allegation set forth in Plaintiffs Complaint. Defendant Potter submits answers to each paragraph of Plaintiffs Complaint (paragraph ___) as follows: 2. 3. Paragraphs 1 and 2 consist of legal arguments to which no response is required. Paragraph 3 consists of legal arguments to which no response is required. To the

extent a response is required, denies. 4. 5. 6. Paragraph 4 consists of legal arguments to which no response is required. Admits the allegations of Paragraphs 5 and 6. Is without knowledge sufficient to form a belief as to the truth or falsity of the

allegations in the first sentence of Paragraph 7 of the Complaint. Admits the allegations in the second sentence of Paragraphs 7 of the Complaint 7. Denies the allegations of Paragraph 8.

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8.

Denies the allegations in the first sentence of Paragraph 9 of the Complaint.

Allege that enrollment increased during the period. Object that the allegations in the second sentence of Paragraph 9 of the Complaint are vague. 9. Denies the allegations of Paragraph 10 of the Complaint. Allege that enrollment

did increase through 2010. 10. 11. Denies the allegations of Paragraphs 11 and 12 of the Complaint. Is without knowledge sufficient to form a belief as to the truth or falsity of the

allegations of Paragraph 13 of the Complaint. 12. Object that the allegations of Paragraph 14 of the Complaint are too vague for an

accurate response. 13. 14. Denies the allegations of Paragraph 15 of the Complaint. Denies the allegations of the first sentence of Paragraph 16 of the Complaint.

Denies the allegations of the second sentence of Paragraph 16 on information and belief. Allege that a standing committee was given the task of creating an enrollment plan. 15. Is without knowledge sufficient to form a belief as to the truth or falsity of the

allegations of Paragraph 17 of the Complaint. 16. 17. Denies the allegations of Paragraph 18 of the Complaint. The allegations of Paragraphs 19, 20, 21, 22, 23 and 24 of the Complaint are If any answer is required, denies the allegations of these

directed at another Defendant. paragraphs. 18. 19. 20.

Reallege the previous paragraphs in response to the allegations of Paragraph 25. Denies the allegations of Paragraphs 26, 27 and 28 of the Complaint. Reallege the previous paragraphs in response to the allegations of Paragraph 29.

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21.

Object that the allegations of Paragraph 30 are vague. Is without knowledge

sufficient to form a belief as to the truth or falsity of the allegations of Paragraph 30 of the Complaint. 22. 23. 24. Denies the allegations of Paragraphs 31 and 32. Reallege the previous paragraphs in response to the allegations of Paragraph 33. Objects that the allegations of Paragraph 34 of the Complaint are vague. Denies

the allegations of Paragraph 34. 25. Paragraphs 35 and 36 consist of legal arguments to which no response is required.

To the extent a response is required, denies the allegations of these paragraphs. 26. Denies the allegations of Paragraphs 37, 38 and 39. AFFIRMATIVE DEFENSES 27. 28. 29. Plaintiffs Complaint fails to state a claim upon which relief may be granted. Defendant Potters conduct as alleged in the Complaint was not discriminatory. Defendant Potter had legitimate non-discriminatory reasons for each of the

actions or decisions challenged in the Complaint. 30. Defendant Potter would have taken the same action absent a discriminatory

motive, which discriminatory motive Defendant Potter expressly denies. 31. Defendant Potter does not have sufficient information and/or knowledge to form a

belief as to the character or extent of any alleged injuries or damages sustained by Plaintiff and demands strict proof thereof. 32. To the extent Plaintiff prays for punitive damages, such claims are barred under

Minn. Stat. 3.736.

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33.

Plaintiffs alleged damages are based, in whole or in part, on Plaintiffs failure to

mitigate damages. 34. Plaintiffs damages, if any, were caused by his own conduct and contributory

negligence, or by others over whom Defendant Potter had no control. 35. Plaintiffs lawsuit is subject to the provisions, exclusions and limitations of the

Minnesota Tort Claims Act, Minn. Stat. 3.736, et seq. 36. Defendant Potter alleges any other matter constituting an avoidance or affirmative

defense to Plaintiffs Complaint. 37. 38. Defendant Potter is entitled to qualified immunity. Any statements made by Defendant Potter were true, privileged, and made

without malicious intent or intent to injure. 39. alleged. 40. Any statements made by Defendant Potter were made on a proper occasion, with Defendant Potter had an absolute and/or qualified privilege to perform the acts

a proper motive and based upon reasonable grounds. 41. limitations. 42. President Potter in his official capacity is immune in this Court for some of Plaintiffs claims are barred, in whole or in part, by the applicable statutes of

Plaintiffs causes of action. WHEREFORE, Defendant Potter asks the Court to dismiss Plaintiffs Complaint and causes of action herein with prejudice, that Plaintiffs claims herein be denied, that judgment be entered in Defendant Potters favor with respect to all of Plaintiffs claims and causes of action

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herein, and that Defendant Potter be awarded his costs herein, including reasonable attorneys and witness fees. Dated: March 11, 2013 OFFICE OF THE ATTORNEY GENERAL State of Minnesota s/Gary R. Cunningham Gary R. Cunningham Assistant Attorney General Atty. Reg. No. 0180610 445 Minnesota Street, Suite 1100 St. Paul, MN 55101-2128 Telephone: (651) 757-1427 Fax: (651) 282-5832 gary.cunningham@ag.state.mn.us ATTORNEY FOR DEFENDANT POTTER

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MINN. STAT. 549.211 ACKNOWLEDGMENT The party or parties on whose behalf the attached document is served acknowledge through their undersigned counsel that sanctions may be imposed pursuant to Minn. Stat. 549.211 (2010). Dated: March 11, 2013 s/Gary R. Cunningham Gary R. Cunningham Assistant Attorney General Atty. Reg. No. 0180610 445 Minnesota Street, Suite 1100 St. Paul, MN 55101-2128 Telephone: (651) 757-1427 Fax: (651) 282-5832 gary.cunningham@ag.state.mn.us ATTORNEY FOR DEFENDANT POTTER