Lawsuit: The Answer - 17 Defenses
AS AND FOR A FIRST AFFIRMATIVE DEFENSE
NINTH: The injuries and/or damages alleged to have been sustained by plaintiff were caused in whole or partly by the culpable conduct of the plaintiff.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
TENTH: The allegations set forth within the complaint fail to state a cause of action.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE
ELEVENTH: Plaintiff failed to mitigate his damages.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
TWELFTH: Upon information and belief, any past or future costs or expenses incurred or to be incurred by the plaintiff has been or will, with reasonable certainty, be replaced or indemnified in whole or in part from a collateral source as defined in §4545(c) of the New York Civil Practice Law and Rules.
AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
THIRTEENTH: The plaintiffs claims are barred by the doctrine of absolute immunity.
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
FOURTEENTH: The plaintiffs claims are barred by the doctrine of qualified immunity.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
FIFTEENTH: The answering defendants are entitled to absolute legislative immunity.
AS AND FOR A EIGHTH AFFIRMATIVE DEFENSE
SIXTEENTH: The plaintiff did not have a legally or Constitutionally protected property right in his job position.
AS AND FOR A NINTH AFFIRMATIVE DEFENSE
SEVENTEENTH: The plaintiff was policymaker and not entitled to the First Amendment protections sought in this action.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE
EIGHTEENTH: The Town of Denning is not liable because there is no municipal policy or custom that caused the Constitutional injuries alleged.
AS AND FOR A ELEVENTH AFFIRMATIVE DEFENSE
NINETEENTH: The plaintiff failed to exhaust administrative remedies.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
TWENTIETH: The plaintiff has failed to properly state claims against the individual defendants in their official capacities.
AS AND FOR A THIRTEENTH AFFIRMATIVE
DEFENSE TWENTY-FIRST: The answering defendants acted in good faith and committed no acts infringing upon any clearly established Constitutional rights.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
TWENTY-SECOND: The plaintiff has failed to state a viable claim supporting an award of punitive damages.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
TWENTY-THIRD: There is no causal relationship between the plaintiffs claimed protected speech and the adverse actions complained of.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
TWENTY-FOURTH: The adverse action complained of was based on legitimate, non-discriminatory and non-retaliatory reasons.
AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
TWENTY-FIFTH: The plaintiffs claims are barred by the failure to file a notice of claim and/or to comply with the provisions of the General Municipal Law.
WHEREFORE, the defendants demand judgment:
1. dismissing the complaint;
2. apportioning liability between plaintiff, these answering defendants and any other tortfeasors responsible for the incident and damages claimed herein; and
3. for costs, interest, disbursements and attorneys’ fees incurred in this action.
