Tobey v. Napolitano et al

Filing 81

ANSWER to 80 Second Amended Complaint by Jeffrey Kandler, Anthony Mason, Quentin Trice, Calvin Vann. (Jones, Belinda). Modified docket entry on 12/09/2011. (walk, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
AARON TOBEY,
Plaintiff,
v.
JANET NAPOLITANO, et al.
Defendants.

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Civil Action No. 3:11cv154-HEH

ANSWER AND AFFIRMATIVE DEFENSES
TO SECOND AMENDED COMPLAINT FILED NOVEMBER 29, 2011
Defendants Trice, Vann, Mason and Kandler (collectively, the “Defendant
Officers”), in their individual capacities, by counsel, state for their Answer and
Affirmative Defenses to the Second Amended Complaint filed on November 29, 2011, as
follows:
ANSWER
Preliminary Statement
The Defendant Officers incorporate their responses to Plaintiff’s First and Second
Amended Complaints1 (Docket Nos. 30 and 64 respectively) except as follows:
7.

Removed.

8.

Removed.

10.

Defendant Officers admit the allegations set forth in paragraph 10.

11.

The Defendant Officers admit the first two sentences of paragraph 11.

The Defendant Officers state that Trice was Chief of the RIC Police and had some
management, direction and supervisory responsibilities of the Police employed by the
1

The Second Amended Complaint was initially filed on October 7, 2011.

Commission and some responsibilities with respect to programs, policies, practices and
procedures over police employed by the Commission with respect to supervision and
interaction of such police with other agencies. The last two sentences in paragraph 11 are
legal conclusions and require no response, however, to the extent a response is required,
the Defendant Officers deny any liability. The Defendant Officers deny any allegations
inconsistent herewith.
70.

The Defendant Officers incorporate their response to paragraph 70 set

forth in their Answer to Plaintiff’s First Amended Complaint.
85.

The Defendant Officers incorporate their response to paragraph 85 set

forth in their Answer to Plaintiff’s First Amended Complaint.
86.

The Defendant Officers incorporate their response to paragraph 86 set

forth in their Answer to Plaintiff’s First Amended Complaint.
87.

The Defendant Officers incorporate their response to paragraph 87 set

forth in their Answer to Plaintiff’s First Amended Complaint.
89.

The Defendant Officers incorporate their response to paragraph 89 set

forth in their Answer to Plaintiff’s First Amended Complaint.
100.

Removed.

106.

Removed.

113.

Removed.
Prayer For Relief

The Defendant Officers deny that plaintiff is entitled to any relief against them
and pray that all claims as to them be dismissed with prejudice.

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AFFIRMATIVE DEFENSES
1.

The Commission employees sued in their individual capacities are

immune from the federal and state law claims under the doctrine of qualified immunity.
2.

The Defendants Officers acted with probable cause.

3.

Plaintiff’s alleged damages are caused by Plaintiff’s conduct and/or the

conduct of others and not the conduct of the Defendant Officers.

Respectfully Submitted,
QUENTON TRICE, ANTHONY MASON,
CALVIN VANN, and JEFFREY
KANDLER
/s/ Belinda D. Jones
Paul W. Jacobs II (VSB No. 16815)
Henry I. Willett, III (VSB No. 44655)
Belinda D. Jones (VSB No. 72169)
CHRISTIAN & BARTON, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia 23219-3095
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on the 9th day of December, 2011, the foregoing was
electronically filed with the Clerk of Court using the CM/ECF system which will send
notification of such filing to all counsel of record, including:
James Jeffrey Knicely
KNICELY & ASSOCIATES
487 McLaws Circle
PO Box GK
Williamsburg, VA 23187
Tel: [phone]
Email: [e-mail]
Alan C Veronick
Anand Agneshwar
Arnold & Porter LLP (NY-NA)
399 Park Avenue
New York, NY 10022
Counsel for Aaron Tobey

________/s/ Belinda D. Jones
CHRISTIAN & BARTON, L.L.P.
909 East Main Street, Suite 1200
Richmond, Virginia 23219-3095
Tel: [phone]
Fax: [phone]
Email: [e-mail]
1221979

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