Case 3:03-cv-01840-CRB Document 62-1 Filed 01/22/2004 Page 1 of 16 1 DENNIS J. HERRERA, State Bar #139669 City Attorney 2 JOANNE HOEPER, State Bar #114961 Chief Trial Attorney 3 INGRID M. EVANS, State Bar # 179094 DAVID B. NEWDORF, State Bar #172960 4 Deputy City Attorneys Fox Plaza 5 1390 Market Street, Sixth Floor San Francisco, California 94102-5408 6 Telephone: (415) 554-3884 Facsimile: (415) 554-3837 7 E-Mail: [email protected] 8 Attorneys for Defendants CITY AND COUNTY OF SAN FRANCISCO, 9 SAN FRANCISCO SHERIFF'S DEPARTMENT and SAN FRANCISCO COUNTY SHERIFF MICHAEL HENNESSEY 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 MARY BULL, JONAH ZERN, and all Case No. C03-1840 CRB others similarly situated, 14 DEFENDANTS’ ANSWER TO Plaintiffs, PLAINTIFFS' FIRST AMENDED 15 CLASS ACTION COMPLAINT AND vs. DEMAND FOR JURY TRIAL 16 CITY AND COUNTY OF SAN 17 FRANCISCO, SAN FRANCISCO SHERIFF'S DEPARTMENT, SAN 18 FRANCISCO COUNTY SHERIFF MICHAEL HENNESSEY, IN HIS 19 INDIVIDUAL AND OFFICIAL CAPACITY, AND SAN FRANCISCO 20 COUNTY SHERIFF'S DEPUTIES DOES 1 THROUGH 150, 21 Defendants. 22 23 24 Come now defendants City and County of San Francisco and San Francisco County 25 Sheriff Michael Hennessey, in his official capacity (collectively "answering defendants" or 26 "defendants") (San Francisco Sheriff's Department was erroneously sued and is a subdivision of 27 the City and County of San Francisco) and answer Plaintiffs' First Amended Class Action 28 Complaint and Demand for Jury Trial as follows: Answer to First Amended Complaint 1 N:\LIT\LI2003\031697\00219588.DOC USDC No. C03-1480 CRB Case 3:03-cv-01840-CRB Document 62-1 Filed 01/22/2004 Page 2 of 16 1 1. The allegations in the Introduction constitute legal conclusions and therefore do not 2 require a response. 3 2. The allegations of paragraph 1 constitute legal conclusions and therefore do not 4 require a response. 5 3. The allegations of paragraph 2 constitute legal conclusions and therefore do not 6 require a response. 7 4. The allegations of paragraph 3 constitute legal conclusions and therefore do not 8 require a response. 9 5. These answering defendants admit that Plaintiffs Mary Bull, Jonah Zern, Lisa 10 Giampaoli, Marcy Corneau, Alexis Bronson, Micky Mangosing, Charli Johnson, 11 Leigh Fleming and Laura Timbrook were arrested during said time period. These 12 answering defendants deny the remaining allegations contained in paragraph 4. 13 6. These answering defendants deny the allegations contained in paragraph 5. 14 7. These answering defendants admit the allegations contained in paragraph 6 except 15 that Sheriff Michael Hennessey was at all relevant times acting in his official 16 capacity. 17 8. These answering deny the allegations contained in paragraph 7. Defendants are 18 without sufficient information to assess paragraph no. 7 because plaintiffs have 19 failed to identify San Francisco County Sheriff Deputies. 20 9. These answering defendants are without sufficient knowledge or information to 21 form a belief as to the allegations contained in paragraphs 8, and on that basis 22 denies each and every such allegation. 23 10. These answering defendants admit that the City and County of San Francisco is 24 political sub-division of the State of California. These answering defendants are 25 without sufficient knowledge or information to form a belief as to truth of the 26 allegations contained in paragraphs 9, and on that basis denies each and every such 27 allegation. 28 Answer to First Amended Complaint 2 N:\LIT\LI2003\031697\00219588.DOC USDC No. C03-1480 CRB Case 3:03-cv-01840-CRB Document 62-1 Filed 01/22/2004 Page 3 of 16 1 11. These answering defendants are without sufficient knowledge or information to 2 form a belief as to truth of the allegations contained in paragraphs 10, and on that 3 basis denies each and every such allegation. 4 12. These answering defendants deny the allegations contained in paragraph 11 of the 5 complaint. 6 13. These answering defendants are without sufficient knowledge or information to 7 form a belief as to truth of the allegations contained in paragraphs 12, and on that 8 basis denies each and every such allegation. 9 14. These answering defendants deny the allegations contained in paragraph 13 of the 10 complaint. 11 15. These answering defendants deny the allegations contained in paragraph 14 of the 12 complaint. 13 16. These answering defendants deny the allegations contained in paragraph 15 of the 14 complaint. 15 17. These answering defendants deny the allegations contained in paragraph 16 of the 16 complaint. 17 18. These answering defendants deny the allegations contained in paragraph 17 of the 18 complaint. 19 19. These answering defendants deny the allegations contained in paragraph 18 of the 20 complaint. 21 20. These answering defendants deny the allegations contained in paragraph 19 of the 22 complaint. 23 21. These answering defendants deny the allegations contained in paragraph 20 of the 24 complaint. 25 22. These answering defendants deny the allegations contained in paragraph 21 of the 26 complaint. 27 23. These answering defendants deny the allegations contained in paragraph 22 of the 28 complaint. Answer to First Amended Complaint 3 N:\LIT\LI2003\031697\00219588.DOC USDC No. C03-1480 CRB Case 3:03-cv-01840-CRB Document 62-1 Filed 01/22/2004 Page 4 of 16 1 24. These answering defendants deny the allegations contained in paragraph 23 of the 2 complaint. 3 25. These answering defendants deny the allegations contained in paragraph 24 of the 4 complaint. 5 26. These answering defendants deny the allegations contained in paragraph 25 of the 6 complaint. 7 27. These answering defendants deny the allegations contained in paragraph 26 of the 8 complaint. 9 28. These answering defendants deny the allegations contained in paragraph 27 of the 10 complaint. 11 29. These answering defendants deny the allegations contained in paragraph 28 of the 12 complaint. 13 30. These answering defendants deny the allegations contained in paragraph 29 of the 14 complaint. 15 31. These answering defendants admit that Plaintiff Mary Bull filed a government 16 claim and that it was denied on April 7, 2003. The remaining allegations contained 17 in paragraph 20 of the complaint are denied. 18 32. These answering defendants deny the allegations contained in paragraph 31 of the 19 complaint. 20 33. These answering defendants deny the allegations of paragraph 32 of the complaint. 21 34. These answering defendants deny the allegations of paragraph 33 of the complaint. 22 35. These answering defendants deny the allegations of paragraph 34 of the complaint. 23 36. The allegations of paragraph 35 constitute a legal conclusions and therefore do not 24 require a response. To the extent a response is required, these answering 25 defendants deny each and every allegation. 26 37. The allegations of paragraph 36 constitute a legal conclusions and therefore do not 27 require a response. To the extent a response is required, these answering 28 defendants deny each and every allegation. Answer to First Amended Complaint 4 N:\LIT\LI2003\031697\00219588.DOC USDC No. C03-1480 CRB Case 3:03-cv-01840-CRB Document 62-1 Filed 01/22/2004 Page 5 of 16 1 38. With respect to the allegations contained in paragraph 37, these answering 2 defendants deny that plaintiffs have been damaged in any sum or sums, or 3 otherwise, or at all, by reason of any act, omission or premises of these defendants. 4 The remaining allegations constitute legal conclusions and therefore do not require 5 a response. To the extent a response is required, these answering defendants deny 6 each and every allegation. 7 39. With respect to the allegations contained in paragraph 38, these answering 8 defendants deny that plaintiffs have been damaged in any sum or sums, or 9 otherwise, or at all, by reason of any act, omission or premises of these defendants. 10 The remaining allegations constitute legal conclusions and therefore do not require 11 a response. To the extent a response is required, these answering defendants deny 12 each and every allegation. 13 40. These answering defendants deny the allegations of paragraph 39 of the complaint. 14 41. These answering defendants deny the allegations of paragraph 40 of the complaint. 15 42. The allegations contained in paragraph 41 constitute legal conclusions and 16 therefore do not require a response. 17 43. The allegations contained in paragraph 42 constitute legal conclusions and 18 therefore do not require a response. 19 44. The allegations contained in paragraph 43 constitute legal conclusions and 20 therefore do not require a response. 21 45. The allegations contained in paragraph 44 constitute legal conclusions and 22 therefore do not require a response. 23 46. These answering defendants deny the allegations of paragraph 45 of the complaint. 24 47. These answering defendants deny the allegations of paragraph 46 of the complaint. 25 48. These answering defendants deny the allegations of paragraph 47 of the complaint. 26 49. These answering defendants deny the allegations of paragraph 48 of the complaint. 27 50. These answering defendants deny the allegations of paragraph 49 of the complaint. 28 Answer to First Amended Complaint 5 N:\LIT\LI2003\031697\00219588.DOC USDC No. C03-1480 CRB Case 3:03-cv-01840-CRB Document 62-1 Filed 01/22/2004 Page 6 of 16 1 51. The allegations contained in paragraph 50 constitute legal conclusions and 2 therefore do not require a response. 3 52. The allegations contained in paragraph 51 constitute legal conclusions and 4 therefore do not require a response.