Case 6:23-cv-00003-NKM Document 37 Filed 08/21/23 Page 1 of 7 Pageid#: 159

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF VIRGINIA
LYNCHBURG DIVISION

STEVE RUCKER, JR., )

)
Plaintiff, )
)
v. ) Case No. 6:23CV00003
)
JONATHAN FARRAR, et. al. )
)
Defendants. )

ANSWER OF ZACHARY MILLER

Defendant Zachary Miller (“Defendant”), by counsel, respectfully submits this answer to

Plaintiff Steve Rucker, Jr.’s (“Rucker”) Amended Complaint:

1. Paragraphs 1-2 of the Amended Complaint contain legal conclusions to which a

response is not required. To the extent a response is required, Defendant denies the allegations in

Paragraphs 1-2.

2. Paragraphs 3-5 of the Amended Complaint sets forth Rucker’s jurisdictional

allegations that present legal conclusions and questions of law to be determined solely by the Court

and to which no answer is required from the Defendant. To the extent that a response is required,

the Defendant does not contest jurisdiction and venue.

3. The Defendant lacks sufficient information to admit or deny the allegations in

Paragraph 6 of the Amended Complaint and, therefore, denies the same and demands strict proof

thereof.

4. With respect to Paragraph 7 of the Amended Complaint, Defendant admits that he

was a Virginia resident and law enforcement officer for the City of Lynchburg (“City”) with the

rank of Officer at the time of the subject events, and acted in his capacity as a police officer during

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the subject events. The Defendant denies all the allegations in Paragraph 7 not expressly admitted

herein.

5. With respect to Paragraph 8 of the Amended Complaint, Defendant admits that

defendant Johnson was a Virginia resident and law enforcement officer for the City with the rank

of Officer at the time of the subject events, and acted in his capacity as a police officer during the

subject events. The Defendant denies all the allegations in Paragraph 8 not expressly admitted

herein.

6. With respect to Paragraph 9 of the Amended Complaint, Defendant admits that on

March 20, 2021, he was informed via police radio of Rucker’s general whereabouts and that a

warrant for Rucker was pending. The Defendant lacks sufficient information to admit or deny the

remaining allegations in Paragraph 9 of the Amended Complaint and, therefore, denies the same

and demands strict proof thereof.

7. With respect to the allegations in Paragraphs 10-27 of the Amended Complaint, the

Defendant admits that he heard over the police radio that Rucker was on a horse and would not

stop. The Defendant also admits that he, along with Lt. Smith and other officers, pursued Rucker

for several minutes on City streets as Rucker fled police on horseback, at times riding on the wrong

side of the road, going the wrong direction on a one-way street, ignoring traffic signs and signals,

and ignoring verbal commands to stop, as well as police lights and sirens. The Defendant further

admits that he heard over the police radio that officer Farrar had attempted to deploy his taser on

Rucker. The Defendant lacks sufficient information to admit or deny the remaining allegations in

Paragraphs 10-27 of the Amended Complaint and, therefore, denies the same and demands strict

proof thereof.

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8. With respect to the allegations in Paragraphs 28-32 of the Amended Complaint, the

Defendant admits that he deployed his taser on Rucker. The Defendant further admits that Rucker

eventually fell off his horse at the intersection of 15 th Street and Polk Street. The Defendant lacks

sufficient information to admit or deny the remaining allegations in Paragraphs 28-32 of the

Amended Complaint and, therefore, denies the same and demands strict proof thereof.

9. The Defendant lacks sufficient information to admit or deny the allegations in

Paragraphs 33-35 of the Amended Complaint and, therefore, denies the same and demands strict

proof thereof.

10. With respect to the allegations in Paragraph 36 of the Amended Complaint, the

Defendant lacks sufficient information to admit or deny the physical injuries sustained by Rucker

and, therefore, denies the same and demands strict proof thereof. Defendant denies all allegations

in Paragraph 36 not expressly admitted herein.

11. With respect to the allegations in Paragraph 37 of the Amended Complaint, the

Defendant incorporates his responses to the preceding paragraphs.

12. Paragraphs 38 and 39 of the Amended Complaint contain legal conclusions to

which no response is required from the Defendant. To the extent that a response is required,

however, the Defendant denies the allegations contained in Paragraphs 38 and 39 of the Amended

Complaint.

13. Paragraphs 40-44 of the Amended Complaint contain legal conclusions to which

no response is required from the Defendant. To the extent that a response is required, however, the

Defendant denies the allegations contained in Paragraphs 40-44 of the Amended Complaint.

14. With respect to the allegations in Paragraph 45 of the Amended Complaint, the

Defendant incorporates his responses to the preceding paragraphs.

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15. Paragraphs 46-48 of the Amended Complaint contain legal conclusions to which

no response is required from the Defendant. To the extent that a response is required, however, the

Defendant denies the allegations contained in Paragraphs 46-48 of the Amended Complaint.

16. With respect to Paragraph 49 of the Amended Complaint, the Defendant admits

that he discharged his taser at Rucker on March 20, 2021. The remaining allegations in Paragraph

49 contain legal conclusions to which no response is required from the Defendant. To the extent

that a response is required, however, the Defendant denies the allegations contained in Paragraph

49 of the Amended Complaint.

17. Paragraphs 50-52 of the Amended Complaint contain legal conclusions to which

no response is required from the Defendant. To the extent that a response is required, however, the

Defendant denies the allegations contained in Paragraphs 50-52 of the Amended Complaint.

18. With respect to the allegations in Paragraph 53 of the Amended Complaint, the

Defendant incorporates his responses to the preceding paragraphs.

19. Paragraphs 54-55 of the Amended Complaint contain legal conclusions to which

no response is required from the Defendant. To the extent that a response is required, however, the

Defendant denies the allegations contained in Paragraphs 54-55 of the Amended Complaint.

20. The section entitled “Preliminary Statement” is not numbered and does not comply

with Rule 10 of the Federal Rules of Civil Procedure, such that no response is required. To the

extent a response is required, the Defendant denies the allegations in the “Preliminary Statement.”

21. The Defendant denies any and all allegations contained in the Amended Complaint

that are not expressly admitted herein.

22. Defendant denies that he is indebted or liable to Rucker for the amounts or reasons

set forth in the Amended Complaint or for any other amounts or reasons whatsoever.

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23. The Defendant denies that Rucker is entitled to any relief under any legal or

equitable theory.

24. The Defendant avers that he acted lawfully and with legal justification at all times

referenced in the Amended Complaint.

25. The Defendant avers that his conduct, at all times referenced in the Amended

Complaint, was in good faith and reasonable under the circumstances.

26. Rucker has failed to allege sufficient facts to state claims for gross negligence and

willful and wanton misconduct, excessive use of force, and battery.

27. Rucker has failed to allege sufficient facts to state a claim for punitive damages.

The Defendant, therefore, denies that Rucker is entitled to punitive damages.

28. Rucker’s claim for punitive damages is capped by the statutory limitations on such

damages, including without limitation the limitation contained in Virginia Code § 8.01-38.1.

29. The Defendant denies that Rucker is entitled to attorney’s fees and costs for the

claims against the Defendant.

30. Rucker’s state law claims are barred in whole or in part by the doctrines of

contributory negligence and assumption of the risk.

31. To the extent they apply, the Defendant will rely on the doctrines of sovereign,

qualified, governmental, and/or good faith immunity.

32. The Defendant reserves the right to rely on all other affirmative defenses that may

arise from pre-trial discovery or the evidence at trial, including but not limited to, failure to state a

claim, statute of limitations, and failure to mitigate damages.

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Respectfully Submitted,
ZACHARY MILLER

/s/ Matthew J. Schmitt

Jim H. Guynn, Jr. (VSB No. 22299)
Matthew J. Schmitt (VSB No. 96513)
GUYNN WADDELL, P.C.
415 S. College Avenue
Salem, Virginia 24153
Phone: 540-387-2320
Fax: 540-389-2350
Email: JimG@guynnwaddell.com
MattS@guynnwaddell.com
Counsel for Defendants.

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CERTIFICATE OF SERVICE

I hereby certify that on August 21st, 2023, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system, which will then send a notification of such filing

(NEF) to the following:

Mark Dennis Dix, Esq.

DIX LAW FIRM, PLLC
919 East Main Street, Suite 625
Richmond, VA 23219
Phone: (804) 500-6290
Fax: (804) 500-6291
Email: mdix@dixlawfirm.com
Counsel for Steve Rucker, Jr.

T. Vaden Warren, Jr.

THE WARREN FIRM
516 Locust Avenue
Charlottesville, VA 22902
Phone: (434) 972-9090
Fax: (434) 972-9091
Email: vwarren@warren-law.com
Counsel for Steve Rucker, Jr.

/s/ Matthew J. Schmitt

Jim H. Guynn, Jr. (VSB No. 22299)
Matthew J. Schmitt (VSB No. 96513)
GUYNN WADDELL, P.C.
415 S. College Avenue
Salem, Virginia 24153
Phone: 540-387-2320
Fax: 540-389-2350
Email: JimG@guynnwaddell.com
MattS@guynnwaddell.com
Counsel for Defendants.