Inniss et al v. Aderhold et al

Filing 32

ANSWER to 1 COMPLAINT by Pinkie Toomer.(Burwell, Kaye) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 7/23/2014 in order to remove duplicate text (anc).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CHRISTOPHER INISS and SHELTON,)
STROMAN; RAYSHAWN CHANDLER
)
And AVERY CHANDLER; MICHAEL
)
BISHOP and JOHNNY SHANE
)
THOMAS; and JENNIFER SISSION )
On behalf of themselves and
)
All others similarly situated )
)
Plaintiff,
)
)
v.
)
)
DEBORAH ADERHOLD, in her
)
Official capacity as State
)
Registrar and Director of
)
Vital Records; BROOK DAVIDSON )
In her capacity as Clerk of
)
Gwinnett County Probate Court )
And the Honorable Judge
)
PINKIE TOOMER, in her
)
Official capacity as Judge of )
Fulton County Probate Court, )
et al.,
)
)
Defendants.
)
______________________________)

Civil Action No.:
1:14-CV-01180-WSD

FULTON COUNTY PROBATE JUDGE PINKIE TOOMER’S ANSWER AND
AFFIRMATIVE DEFENSES
COME

NOW,

Judge

Pinkie

Toomer

by

and

through

her

undersigned counsel, and hereby responds to the individuallynumbered

paragraphs

of

Plaintiff’s

Complaint

and

asserts

her

affirmative defenses to Plaintiffs’ Complaint as follows.
PRELIMINARY STATEMENT
Judge Toomer objects to Plaintiff’s Complaint to the extent
1

it seeks to impose upon her an obligation to respond to lengthy
and overbroad allegations of fact in violation of Rule 8.
FIRST DEFENSE
Plaintiffs’ Complaint fails to state a claim against Judge
Toomer upon which relief can be granted since as a judicial
officer Judge Toomer is required to comply with state statutes
and the Georgia Constitution.
SECOND DEFENSE
Plaintiffs’ claims for injunctive relief are barred because
Judge Toomer is entitled to absolute judicial immunity pursuant
to 42 U.S.C. § 1983 from any claim for injunctive relief.
THIRD DEFENSE
Plaintiffs’

claims

are

barred

to

the

extent

that

Judge

Toomer is entitled to judicial, qualified, official or sovereign
immunity.
FOURTH DEFENSE
Plaintiffs’

claims

are

barred

to

the extent that

Judge

Toomer is entitled to Eleventh Amendment Immunity.
FIFTH DEFENSE
Plaintiffs’
attorneys’

fees,

claims

for

pursuant

to

costs,
42

expenses,

U.S.C.

§

and

1988,

reasonable
are

barred

because Judge Toomer is entitled to absolute judicial immunity
pursuant to 42 U.S.C. § 1988 from Plaintiffs’ claims for costs,
2

expenses and attorneys’ fees.

SIXTH DEFENSE
At

all

compliance

times

Judge
Georgia

with

Toomer
Law

has

acted

and

in

in

good

conformance

faith,

in

with

her

obligations under the Georgia Code of Judicial Conduct and her
oath of office.
SEVENTH DEFENSE
Judge

Toomer

has

not

breached

any

official

duty,

any

court duty, any court order compelling her to act, or any duty
created under the Constitution of the United States compelling
her to act with regard to the events allegedly giving rise to
Plaintiffs’ claims.
EIGHTH DEFENSE
Judge Toomer’s compliance with Georgia law, with respect to
her interaction with Plaintiffs, was carried out in good faith,
without

malice,

spite,

or

conscious,

reckless

or

negligent

disregard of Plaintiff's rights, if any, and without improper or
ill will of any kind.
NINTH DEFENSE
In

no

manner

whatsoever

has

against Plaintiffs.

3

Judge

Toomer

discriminated

TENTH DEFENSE
Judge

Toomer

deprivation

of

has
any

not

subjected

rights,

due

Plaintiffs

process

or

to

the

otherwise,

privileges or immunities secured by the Constitution or laws
of the State of Georgia or the United State of America.
ELEVENTH DEFENSE
Judge
Plaintiffs
judge

Toomer

is

since

her

do

not

constitutionality

not

powers

include
of

capable
and

the

of

providing

duties
ability

state

statutes

as

a

to
or

a

remedy

probate

court

determine
the

to

the

Georgia

Constitution.
TWELFTH DEFENSE
Judge Toomer has no responsibility for the content of the
Georgia Constitution or the content of any state statute.
THIRTEENTH DEFENSE
Judge Toomer responds to the enumerated allegations of the
Complaint as follows:
INTRODUCTION
1.
Judge Toomer acknowledges that plaintiffs seek to bring
this

action

pursuant

to

42

U.S.C.

§

1983

and

under

Fourteenth Amendment to the United States Constitution.

4

the

2.
Paragraph

2

contains

Plaintiffs’

contentions

as

to

the

nature of their action and, as such, no admission or denial is
required.

To the extent that further response is required, the

United States Constitution speaks for itself as to content and
legal

effect

and

Judge

Toomer

is

without

knowledge

or

information sufficient to form a belief as to the truth of the
remaining allegations and therefore can neither admit nor deny
same.
3.
The

United

States

Constitution

speaks

for

itself

as

to

content and legal effect and Judge Toomer is without knowledge
or information sufficient to form a belief as to the truth of
the remaining allegations and therefore can neither admit nor
deny same.
4.
The cited cases speak for themselves as to content and
legal

effect

and

Judge

Toomer

is

without

knowledge

or

information sufficient to form a belief as to the truth of the
remaining allegations and therefore can neither admit nor deny
same.
5.
Judge Toomer acknowledges that plaintiffs seek to enforce
5

“rights and liberties” and are requesting “this Court to hold
that the State of Georgia cannot condition marriage on the sex
of spouses.”
6.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 6 and therefore can neither admit nor deny same.
7.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 7 and therefore can neither admit nor deny same.
8.
Judge Toomer acknowledges that plaintiffs seek to “bring
this action on behalf of themselves and the Plaintiff Class.”
9.
Paragraph

9

contains

Plaintiffs’

contentions

as

to

the

nature of their action and, as such, no admission or denial is
required.
Judge

To the extent that further response is required,

Toomer

states

that

Georgia

statutes

and

Georgia

Constitution art. I, §IV, para. I speak for themselves as to
content and legal effect and Judge Toomer is without knowledge
or information sufficient to form a belief as to the truth of
the remaining allegations and therefore can neither admit nor
6

deny same.
10.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 10 and therefore can neither admit nor deny same.
11.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 11 and therefore can neither admit nor deny same.
12.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 12 and therefore can neither admit nor deny same.
13.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 13 and therefore can neither admit nor deny same.
14.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 14 and therefore can neither admit nor deny same.
15.
Paragraph 15 contains Plaintiffs’ contentions as to the
7

nature of their action and, as such, no admission or denial is
required.
I. JURISDICTION AND VENUE
16.
Judge Toomer acknowledges that Plaintiffs seek to invoke
the jurisdiction of this Court pursuant to 28 U.S.C. §§ 1331 and
1343.
17.
Judge Toomer admits that she resides within the Northern
District

of

Georgia.

Judge

Toomer

is

without

knowledge

of

information sufficient to form a belief as to the truth of the
remaining allegations set forth in Paragraph 17 and therefore
can neither admit nor deny same.
18.
Judge Toomer admits that she is domiciled in the State of
Georgia.

Judge

Toomer

is

without

knowledge

of

information

sufficient to form a belief as to the truth of the remaining
allegations set forth in Paragraph 18 and therefore can neither
admit nor deny same.
19.
The

allegations

conclusions
further

to

states

contained

which

no

that

she

in

response
is

Paragraph
is

entitled
8

required.
to

19

are

Judge

absolute

legal
Toomer

judicial

immunity under 42 U.S.C. § 1983 which provides in relevant part
“that in any action brought against a judicial officer for an
act

or

omission

injunctive

relief

taken
shall

in
not

such
be

officer's
granted

judicial

unless

a

capacity,

declaratory

decree was violated or declaratory relief was unavailable.”
II. PARTIES
A. Named Plaintiffs
Christopher Innis and Shelton Stroman
20.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 20 and therefore can neither admit nor deny same.
21.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 21 and therefore can neither admit nor deny same.
22.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 22 and therefore can neither admit nor deny same.
23.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
9

Paragraph 23 and therefore can neither admit nor deny same.
24.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 24 and therefore can neither admit nor deny same.
25.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 25 and therefore can neither admit nor deny same.
RayShawn Chandler and Avery Chandler
26.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 26 and therefore can neither admit nor deny same.
27.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 27 and therefore can neither admit nor deny same.
28.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 28 and therefore can neither admit nor deny same.

10

29.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 29 and therefore can neither admit nor deny same.
30.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 30 and therefore can neither admit nor deny same.
Michael Bishop and Johnny Shane Thomas
31.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 31 and therefore can neither admit nor deny same.
32.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 32 and therefore can neither admit nor deny same.
33.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 33 and therefore can neither admit nor deny same.

11

Jennifer Sisson
34.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 34 and therefore can neither admit nor deny same.
35.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 35 and therefore can neither admit nor deny same.

36.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 36 and therefore can neither admit nor deny same.
37.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 37 and therefore can neither admit nor deny same.
38.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 38 and therefore can neither admit nor deny same.

12

39.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 39 and therefore can neither admit nor deny same.
40.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 40 and therefore can neither admit nor deny same.
41.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 41 and therefore can neither admit nor deny same.
B. Defendants
42.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 42 and therefore can neither admit nor deny same.
43.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 43 and therefore can neither admit nor deny same.
44.
Judge Toomer acknowledges that Plaintiffs seek to sue her
13

in

her

Court.

official

capacity

as

Judge

of

Fulton

County

Probate

Judge further responds that as a sworn judicial officer

she has a legal duty to comply with Georgia statutes and the
Georgia Constitution.
45.
Paragraph

45

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

Judge Toomer further responds

that as a sworn judicial officer she is required to comply with
Georgia statutes and the Georgia Constitution.
III. STATEMENT OF FACTS
46.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 46 and therefore can neither admit nor deny same.
A. Named Plaintiffs’ Attempts to Marry and
Lawful Marriages in Other Jurisdictions

Lawful

and

47.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 47 and therefore can neither admit nor deny same.
48.
Judge Toomer is without knowledge of information sufficient
14

to form a belief as to the truth of the allegations set forth in
Paragraph 48 and therefore can neither admit nor deny same.
49.
Admitted.
50.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 50 and therefore can neither admit nor deny same.
51.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 51 and therefore can neither admit nor deny same.
B. The Plaintiff Class
52.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 52 and therefore can neither admit nor deny same.
53.
Judge Toomer is without knowledge of information sufficient
to form a belief as to the truth of the allegations set forth in
Paragraph 53 and therefore can neither admit nor deny same.
54.
Paragraph

54

contains

legal
15

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
C. The Marriage Bans
55.
O.C.G.A.
legal effect.

§19-3-3.1

speaks

for

itself

as

to

content

and

Judge Toomer admits that Paragraph 55 accurately

quotes O.C.G.A. §19-3-3.1.

Judge Toomer is without knowledge or

information sufficient to form a belief as to the truth of the
remaining allegations contained in Paragraph 55.
56.
The Georgia Constitution speaks for itself as to content
and

legal

effect.

Judge

Toomer

admits

that

accurately quotes from the Georgia Constitution.

Paragraph

56

Judge Toomer

is without knowledge or information sufficient to form a belief
as

to

the

truth

of

the

remaining

allegations

contained

in

Paragraph 56.
57.
Admitted.
D. Illustrative Harms
58.
Paragraph

58

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
16

59.
Paragraph

59

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required. To the extent further response
is required, Judge Toomer is without knowledge of information
sufficient to form a belief as to the truth of the allegations
set forth in Paragraph 59 and therefore can neither admit nor
deny same.
60.
Paragraph

60

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

To the extent further response

is required, Judge Toomer is without knowledge of information
sufficient to form a belief as to the truth of the allegations
set forth in Paragraph 60 and therefore can neither admit nor
deny same.
61.
Paragraph

61

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

To the extent further response

is required, Judge Toomer is without knowledge of information
sufficient to form a belief as to the truth of the allegations
set forth in Paragraph 61 and therefore can neither admit nor
17

deny same.
62.
Paragraph

62

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

To the extent further response

is required, Judge Toomer is without knowledge of information
sufficient to form a belief as to the truth of the allegations
set forth in Paragraph 62 and therefore can neither admit nor
deny same.
63.
Paragraph

63

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

To the extent further response

is required, Judge Toomer is without knowledge of information
sufficient to form a belief as to the truth of the allegations
set forth in Paragraph 63 and therefore can neither admit nor
deny same.
E. The Marriage Bans Pass No Level of Scrutiny
64.
Paragraph

64

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

18

65.
Paragraph

65

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
66.
Paragraph

66

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
67.
Paragraph

67

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
68.
Paragraph

68

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
69.
Paragraph

69

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
70.
Paragraph

70

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
19

admission or denial is required.
71.
Paragraph

71

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
72.
The cited cases speak for themselves as to content and
legal

effect

and

Judge

Toomer

is

without

knowledge

or

information sufficient to form a belief as to the truth of the
remaining allegations and therefore can neither admit nor deny
same.
73.
Paragraph

73

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
74.
Paragraph

74

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
75.
Paragraph

75

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
20

IV. CLASS ACTION ALLEGATIONS
76.
Judge

Toomer

acknowledges

that

Plaintiffs

seek

to

bring

this action pursuant to Rules 23(a), 23(b)(1) and 23(b)(2) of
the Federal Rules of Civil Procedure.

Judge Toomer is without

knowledge of information sufficient to form a belief as to the
truth of the remaining allegations set forth in Paragraph 76 and
therefore can neither admit nor deny same.
77.
Paragraph

77

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
78.
Paragraph

78

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
79.
Paragraph

79

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
80.
Paragraph

80

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
21

admission or denial is required.
81.
Paragraph

81

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
82.
Paragraph

82

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
V.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF
Deprivation of Due Process
U.S. Const. Amend. XIV
83.
Judge Toomer incorporates by reference herein her responses
set forth in Paragraphs 1-82, above.
84.
Judge

Toomer

acknowledges

that

Plaintiffs

seek

to

bring

this action against Defendants in their official capacities.
85.
The Fourteenth Amendment to the United States Constitution
and 42 U.S.C. § 1983 speaks for themselves as to content and
legal

effect.

Judge

Toomer

admits

that

Plaintiffs

have

accurately quoted from the Fourteenth Amendment to the United
22

States Constitution.
86.
Paragraph

86

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

To the extent that further

response is required, the Georgia Constitution and Georgia law
speak for themselves as to content and legal effect.
87.
Paragraph

87

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
88.
Paragraph

88

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
89.
Paragraph

89

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
90.
Paragraph

90

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
23

91.
Judge Toomer admits that as
Probate

Court

she

is

required

the Judge of Fulton
to

statutes and the Georgia Constitution.
she

has

discriminated

against

comply

with

all

County
Georgia

Judge Toomer denies that

Plaintiffs.

The

remaining

allegations contained in Paragraph 91 contain legal conclusions
and Plaintiffs’ contentions as to the nature of their action
and, as such, no admission or denial is required.
92.
Paragraph

92

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

Judge Toomer further denies

that she has discriminated against Plaintiffs.
93.
Judge Toomer incorporates by reference herein her responses
set forth in Paragraphs 1-92, above.
94.
Judge

Toomer

acknowledges

that

this

action

is

brought

against Defendants in their official capacities for purposes of
seeking declaratory and injunctive relief.

Judge Toomer denies

that injunctive relief is an available remedy against her.
95.
The Fourteenth Amendment to the United States Constitution
24

and 42 U.S.C. § 1983 speaks for themselves as to content and
legal effect. Judge Toomer admits that Paragraph 95 accurately
quotes from the United States Constitution.
96.
Paragraph

96

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required. To the extent further response
is required, Judge Toomer is without knowledge of information
sufficient to form a belief as to the truth of the allegations
set forth in Paragraph 96 and therefore can neither admit nor
deny same.
97.
Paragraph

97

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

Judge Toomer further states

that she has not discriminated against Plaintiffs and that she
has a legal responsibility to comply with state statutes and the
Georgia Constitution.
98.
Paragraph

98

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
99.
25

Paragraph

99

contains

legal

conclusions

and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
100.
Judge Toomer admits that as the Judge of Fulton County
Probate

Court

she

is

required

to

statutes and the Georgia Constitution.
she

has

discriminated

against

comply

with

all

Georgia

Judge Toomer denies that

Plaintiffs.

The

remaining

allegations contained in Paragraph 100 contain legal conclusions
and Plaintiffs’ contentions as to the nature of their action
and, as such, no admission or denial is required.
101.
Paragraph 101 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.

Judge Toomer denies that she

has discriminated against Plaintiffs.
102.
Paragraph 102 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
103.
Paragraph 103 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
26

admission or denial is required.
104.
Paragraph 104 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
105.
Paragraph 105 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
106.
Paragraph 106 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
107.
Paragraph 107 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
108.
Paragraph 108 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
109.
Paragraph 109 contains legal conclusions
27

and Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
110.
Paragraph 110 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.

Judge Toomer denies that she

has discriminated against Plaintiffs.
111.
Paragraph 111 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
112.
Paragraph 112

contains legal conclusions and Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.
113.
Paragraph 113 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
114.
Paragraph 114 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
28

115.
Paragraph 115 contains legal conclusions and

Plaintiffs’

contentions as to the nature of their action and, as such, no
admission or denial is required.

Judge Toomer denies that she

has discriminated against Plaintiffs.
DECLARATORY AND INJUNCTIVE RELIEF
28 U.S.C. §§2201 and 2202;
Federal Rules of Civil Procedure, Rules 57 and 65
116.
Judge Toomer incorporates by reference herein her responses
set forth in Paragraphs 1-115, above.
117.
Paragraph 117 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.

Judge Toomer denies that she

has discriminated against Plaintiffs.
118.
Judge Toomer acknowledges that Plaintiffs seek injunctive
relief.

Judge Toomer further states that she is entitled to

absolute judicial immunity pursuant to 42 U.S.C. § 1983 from any
claim

for

Paragraph

injunctive
118

relief.

contain

The

legal

remaining

conclusions

allegations
and

in

Plaintiffs’

contentions as to the nature of their action and, as such, no
29

further admission or denial is required.
119.
Paragraph 119 contains legal conclusions and Plaintiffs’
contentions as to the nature of their action and, as such, no
admission or denial is required.
GENERAL DENIAL
Judge Toomer denies that Plaintiffs are entitled to any of
the

relief

Relief.

requested

against

her

in

Plaintiffs’

Prayer

for

Judge Toomer further denies each and every allegation

of Plaintiffs’ Complaint not specifically admitted, denied, or
otherwise contradicted herein.
WHEREFORE, Judge Toomer prays that:
A. Plaintiffs Complaint be dismissed in its entirety;
B. All costs of this litigation be paid by Plaintiffs;
C. Any other relief that this court deems just and proper be
granted.
Respectfully submitted, this 21st day of July, 2014.
OFFICE OF THE COUNTY ATTORNEY
R. DAVID WARE
BAR NO: 737756
/s/ Kaye Woodard Burwell
KAYE WOODARD BURWELL
Georgia State Bar No. 775060
DIANA L. FREEMAN
Georgia State Bar No. 118898
Attorneys for Judge Pinkie Toomer
30

CERTIFICATE OF SERVICE
The undersigned counsel certifies that the foregoing FULTON
COUNTY

PROBATE

DEFENSES

has

selections

JUDGE

been

approved

PINKIE

prepared
by

the

TOOMER’S
with

one

Court

in

ANSWER

AND

of

font

the

Local

Rule

AFFIRMATIVE
and

point

5.1B.

The

undersigned counsel further certifies that a copy of this notice
has been served on counsel of record with the Clerk of Court
using the CM/ECF system, which will automatically send e-mail
notification of such filing to the attorneys of record.
This 21st day of, July 2014.
/s/ Kaye Woodard Burwell
Kaye Woodard Burwell
Georgia Bar No. 775060
OFFICE OF THE FULTON COUNTY ATTORNEY
141 Pryor Street, S.W.
Suite 4038
Atlanta, Georgia 30303
[phone] (office)
[phone] (facsimile)

31