laurens sheriff's response

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION

TERESA POPE HOOKS, individually ) and ESTATE OF DAVID HOOKS, ) by Teresa Pope Hooks, Administratrix ) ) Plaintiffs, ) CIVIL ACTION FILE NO.: ) 3:16-CV-00023-DHB-BKE v. ) ) CHRISTOPHER BREWER, ) in his individual capacity, STEVE ) VERTIN, in his individual capacity, ) WILLIAM “BILL” HARRELL, ) in his individual capacity, and ) RANDALL DELOACH, ) in his individual capacity, ) ) Defendants. )

DEFENDANTS’ ANSWER AND DEFENSES TO PLAINTIFFS’ COMPLAINT

COME NOW, Defendants Christopher Brewer, Steve Vertin, William “Bill”

Harrell and Randall Deloach (hereinafter “Defendants”), and file this, their Answer

and Defenses to Plaintiffs’ Complaint for Injury Before Death, for Wrongful Death

and Wrongful Arrest (hereinafter “Plaintiffs’ Complaint”):

FIRST DEFENSE

Plaintiffs’ Complaint, in whole or in part, fails to state a claim against

Case 3:16-cv-00023-DHB-BKE Document 16 Filed 06/15/16 of 24

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Defendants upon which relief may be granted.

SECOND DEFENSE

Plaintiffs’ claims against Defendants are barred by the doctrines of Eleventh

Amendment immunity, qualified immunity, official/governmental immunity and

sovereign immunity.

THIRD DEFENSE

Any alleged unlawful act or omission of Defendants, which alleged unlawful

act or omission Defendants specifically deny, was not the proximate cause of any

alleged damages or injury suffered by Plaintiffs.

FOURTH DEFENSE

Defendants are not liable to Plaintiffs in any amount because Defendants did

not in any way deprive Plaintiffs of any right, privilege or immunity secured by the

Constitution or federal/state law as alleged in the Plaintiffs’ Complaint or

otherwise.

FIFTH DEFENSE

No act or omission of Defendants was the proximate or legal cause of

Plaintiffs’ alleged damages.


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SIXTH DEFENSE

Defendants did not violate Plaintiffs’ constitutional rights as alleged or

otherwise.

SEVENTH DEFENSE

Defendants are not liable to Plaintiffs in any amount because Defendants did

not act as alleged in Plaintiffs’ Complaint.

EIGHTH DEFENSE

Defendants assert the defenses of contributory negligence, comparative

fault, assumption of the risk, and failure to exercise ordinary care for own safety.

NINTH DEFENSE

Defendants are not liable to Plaintiffs because Plaintiffs’ damages, if any,

are due to the acts and omissions of other individuals and entities other than

Defendants.

TENTH DEFENSE

To the extent as may be shown by evidence through discovery which

provides factual or legal support, Defendants assert and reserve the defenses of

accord and satisfaction, arbitration clauses, discharge in bankruptcy, duress,

estoppels, failure of consideration, failure to mitigate, failure to satisfy a condition


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precedent including but not limited to ante litem notice, exhaustion of

administrative remedies, etc., fraud, illegality, fellow servant doctrine and

exclusive remedy, laches, lack of proximate cause, license and consent, set-off and

payment, release and covenant not to sue, res judicata, issue and claim preclusion,

statute of frauds, any and all statutes of limitation, and waiver.

ELEVENTH DEFENSE

For its Eleventh Defense, Defendants answer the enumerated paragraphs of

Plaintiffs’ Complaint as follows:

INTRODUCTION

1.

Paragraph One (1) does not require a response from Defendants as it is a

legal statement. To the extent Paragraph One (1) requires a response, Defendants

deny the allegations contained in Paragraph One (1) of Plaintiffs’ Complaint.

JURISDICTION AND VENUE

2.

Defendants deny as pled the allegations contained in Paragraph Two (2) of

Plaintiffs’ Complaint.


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3.

Defendants deny as pled the allegations contained in Paragraph Three (3) of


PARTIES

4. Defendants deny the allegations contained in Paragraph Four (4) of


5.

Defendants deny as pled the allegations contained in Paragraph Five (5) of


FACTUAL BACKGROUND

6.

Defendants deny as pled the allegations contained in Paragraph Six (6) of


7. Defendants are without personal knowledge or information sufficient to

form a belief as to the truth of the allegations contained in Paragraph Seven (7) of

Plaintiffs’ Complaint and, therefore, deny same.


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8. Defendants deny the allegations contained in Paragraph Eight (8) of


9.

Defendants deny the allegations contained in Paragraph Nine (9) of


10.

Defendants deny the allegations contained in Paragraph Ten (10) of


11.

Defendants deny the allegations contained in Paragraph Eleven (11) of


12.

Defendants deny the allegations contained in Paragraph Twelve (12) of


13.

Defendants deny as pled the allegations contained in Paragraph Thirteen

(13) of Plaintiffs’ Complaint.


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14.

Defendants deny the allegations contained in Paragraph Fourteen (14) of


15.

Defendants deny the allegations contained in Paragraph Fifteen (15) of


16.

Defendants deny the allegations contained in Paragraph Sixteen (16) of


17.

Defendants deny the allegations contained in Paragraph Seventeen (17) of


18.

Defendants admit the allegations contained in Paragraph Eighteen (18) of


19.

Defendants deny the allegations contained in Paragraph Nineteen (19) of



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20.

Defendants deny the allegations contained in Paragraph Twenty (20) of


21.

Defendants deny the allegations contained in Paragraph Twenty-One (21) of


22.

Defendants deny the allegations contained in Paragraph Twenty-Two (22) of


23.

Defendants deny the allegations contained in Paragraph Twenty-Three (23)

of Plaintiffs’ Complaint.

24.

Defendants admit the allegations contained in Paragraph Twenty-Four (24)


25.

Defendants deny as pled the allegations contained in Paragraph Twenty-Five



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26.

Defendants deny as pled the allegations contained in Paragraph Twenty-Six


27.

Defendants deny as pled the allegations contained in Paragraph Twenty-

Seven (27) of Plaintiffs’ Complaint.

28.

Defendants deny as pled the allegations contained in Paragraph Twenty-

Eight (28) of Plaintiffs’ Complaint.

29.

Defendants deny the allegations contained in Paragraph Twenty-Nine (29) of


30.

Defendants deny as pled the allegations contained in Paragraph Thirty (30)


31.

Defendants deny as pled the allegations contained in Paragraph Thirty-One



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32.

Defendants deny the allegations contained in Paragraph Thirty-Two (32) of


33.

Defendants deny the allegations contained in Paragraph Thirty-Three (33) of


34.

Defendants deny the allegations contained in Paragraph Thirty-Four (34) of


35.

Defendants deny the allegations contained in Paragraph Thirty-Five (35) of


36.

Defendants deny the allegations contained in Paragraph Thirty-Six (36) of


37.

Defendants deny the allegations contained in Paragraph Thirty-Seven (37) of



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38.

Defendants deny the allegations contained in Paragraph Thirty-Eight (38) of


39.

Defendants deny the allegations contained in Paragraph Thirty-Nine (39) of


40.

Paragraph Forty (40) does not require a response from Defendants as it is a

legal statement. To the extent Paragraph Forty (40) requires a response,

Defendants state that the case speaks for itself and deny any allegation unsupported

by case or statutory law.

41.

Defendants deny the allegations contained in Paragraph Forty-One (41) of


42.

Paragraph Forty-Two (42) does not require a response from Defendants as it

is a legal statement. To the extent Paragraph Forty-Two (42) requires a response,



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43.

Paragraph Forty-Three (43) does not require a response from Defendants as

it is a legal statement. To the extent Paragraph Forty-Three (43) requires a

response, Defendants state that the case speaks for itself and deny any allegation

unsupported by case or statutory law.

44.

Defendants deny the allegations contained in Paragraph Forty-Four (44) of


45.

Paragraph Forty-Five (45) does not require a response from Defendants as it

is a legal statement. To the extent Paragraph Forty- Five (45) requires a response,



46.

Paragraph Forty-Six (46) does not require a response from Defendants as it

is a legal statement. To the extent Paragraph Forty-Six (46) requires a response,



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47.

Paragraph Forty-Seven (47) does not require a response from Defendants as

it is a legal statement. To the extent Paragraph Forty- Seven (47) requires a

response, Defendants state that the case speaks for itself and deny any allegation

unsupported by case or statutory law.

48.

Defendants deny the allegations contained in Paragraph Forty-Eight (48) of


49.

Defendants deny the allegations contained in Paragraph Forty-Nine (49) of


50.

Defendants deny the allegations contained in Paragraph Fifty (50) of


51.

Defendants deny the allegations contained in Paragraph Fifty-One (51) of



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52.

Defendants deny the allegations contained in Paragraph Fifty-Two (52) of


53.

Defendants deny the allegations contained in Paragraph Fifty-Three (53) of


54.

Defendants deny the allegations contained in Paragraph Fifty-Four (54) of


55.

Defendants deny the allegations contained in Paragraph Fifty-Five (55) of


56.

Defendants deny the allegations contained in Paragraph Fifty-Six (56) of


57.

Defendants deny the allegations contained in Paragraph Fifty-Seven (57) of



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58.

Defendants deny the allegations contained in Paragraph Fifty-Eight (58) of


59.

Defendants deny the allegations contained in Paragraph Fifty-Nine (59) of


60.

Defendants deny the allegations contained in Paragraph Sixty (60) of


61.

Defendants deny the allegations contained in Paragraph Sixty-One (61) of


62.

Defendants deny the allegations contained in Paragraph Sixty-Two (62) of


63.

Defendants deny the allegations contained in Paragraph Sixty-Three (63) of



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64.

Defendants deny the allegations contained in Paragraph Sixty-Four (64) of


65.

Defendants deny the allegations contained in Paragraph Sixty-Five (65) of


66.

Defendants deny the allegations contained in Paragraph Sixty-Six (66) of


67.

Defendants deny the allegations contained in Paragraph Sixty-Seven (67) of


68.

Defendants deny the allegations contained in Paragraph Sixty-Eight (68) of


69.

Defendants admit the allegations contained in Paragraph Sixty-Nine (69) of



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70.

Defendants deny the allegations contained in Paragraph Seventy (70) of


71.

Defendants deny the allegations contained in Paragraph Seventy-One (71) of


72.

Paragraph Seventy-Two (72) does not require a response from Defendants as

Plaintiffs have intentionally left it blank. To the extent Paragraph Seventy-Two

(72) may be read to require a response, Defendants deny same.

73.

Defendants deny the allegations contained in Paragraph Seventy-Three (73)


74.

Defendants deny the allegations contained in Paragraph Seventy-Four (74)



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COUNT ONE

SURVIVOR AND ESTATE FOURTH AMENDMENT CLAIM AGAINST DEFENDANT BREWER

75.

Paragraph Seventy-Five (75) does not require a response from Defendants as

Plaintiffs have intentionally left it blank. To the extent Paragraph Seventy-Five


76.

Defendants deny the allegations contained in Paragraph Seventy-Six (76) of


77.

Defendants deny as pled the allegations contained in Paragraph Seventy-

Seven (77) of Plaintiffs’ Complaint.

78.

Defendants deny as pled the allegations contained in Paragraph Seventy-

Eight (78) of Plaintiffs’ Complaint.

79.

Defendants deny the allegations contained in Paragraph Seventy-Nine (79)



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80.

Defendants deny the allegations contained in Paragraph Eighty (80) of


81.

Defendants deny the allegations contained in Paragraph Eighty-One (81) of


82.

Defendants deny the allegations contained in Paragraph Eighty-Two (82) of


83.

Paragraph Eighty-Three (83) does not require a response from Defendants.

To the extent Paragraph Eighty-Three (83) may be read to require a response,

Defendants deny same.

84.

Defendants deny as pled the allegations contained in Paragraph Eighty-Four


85.

Defendants deny the allegations contained in Paragraph Eighty-Five (85) of


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86.

Defendants deny the allegations contained in Paragraph Eighty-Six (86) of


COUNT TWO

TERESA HOOKS’ FALSE IMPRISONMENT CLAIM AGAINST

DEFENDANT STEVE VERTIN AND DEFENDANT RANDALL DELOACH

87.

Paragraph Eighty-Seven (87) does not require a response from Defendants

as Plaintiffs have intentionally left it blank. To the extent Paragraph Eighty-Seven


88.

Defendants deny the allegations contained in Paragraph Eighty-Eight (88) of


COUNT THREE

PROPERTY DAMAGE

89.

Paragraph Eighty-Nine (89) does not require a response from Defendants as


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Plaintiffs have intentionally left it blank. To the extent Paragraph Eighty-Nine (89)

may be read to require a response, Defendants deny same.

90.

Defendants deny the allegations contained in Paragraph Ninety (90) of


COUNT FOUR

PUNITIVE DAMAGES

91.

Paragraph Ninety-One (91) does not require a response from Defendants as

Plaintiffs have intentionally left it blank. To the extent Paragraph Ninety-One (91)

may be read to require a response, Defendants deny same.

92.

Defendants deny the allegations contained in Paragraph Ninety-Two (92) of


93.

Defendants deny the allegations contained in Paragraph Ninety-Three (93)



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94.

Defendants deny the allegations contained in Paragraph Ninety-Four (94) of


95.

Defendants deny the allegations contained in Paragraph Ninety-Five (95) of


96.

To the extent the Plaintiffs’ prayer for relief requires a response, Defendants

deny all allegations contained therein and further deny Plaintiffs is entitled to any

recovery whatsoever against Defendants.

97.

Any allegation not specifically admitted herein is hereby denied.

WHEREFORE, Defendants pray that all parties consent to trial by jury of

twelve and that Plaintiffs’ Complaint against them be dismissed with prejudice,

with all costs assessed against Plaintiffs and that Defendants have such other relief

as the Court deems justice to demand.


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This 15th day of June, 2016. Respectfully submitted, BUCKLEY CHRISTOPHER & HAFF, P.C. /s/ Timothy J. Buckley III _________________________ TIMOTHY J. BUCKLEY III 2970 Clairmont Road N.E. Georgia State Bar No.092913 Suite 650 KELLY L. CHRISTOPHER Atlanta, Georgia 30329 Georgia State Bar No. 609879 (404) 633-9230 Attorneys for Defendants (404) 633-9640 (facsimile) [email protected] [email protected] DEFENDANTS DEMAND TRIAL BY JURY


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CERTIFICATE OF SERVICE I hereby certify that I electronically filed DEFENDANTS’ ANSWER AND

DEFENSES TO PLAINTIFFS’ COMPLAINT using the CM/ECF system which

will automatically send email notification of such filing to the following attorneys

of record:

Mitchell M. Shook, Esq. Salter, Shook & Tippett

P. O. Drawer 300 Vidalia, GA 30475

Brian Spears, Esq.

1126 Ponce de Leon Ave. Atlanta, GA 30306

This 15th day of June, 2016. BUCKLEY CHRISTOPHER & HAFF, P.C. /s/ Timothy J. Buckley III _________________________ TIMOTHY J. BUCKLEY III Georgia State Bar No.092913 KELLY L. CHRISTOPHER Georgia State Bar No. 609879 2970 Clairmont Road N.E. Attorneys for Defendants Suite 650 Atlanta, Georgia 30329 (404) 633-9230 (404) 633-9640 (facsimile) [email protected] [email protected]


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