DEIR SN NUN cAUN HAE NAMSa 4100
AS AND FOR A SIXTH DEFENSE
49. That inasmuch as the complaint of the plaintiffs’,
alleges that this defendant is being sued in his individual
capacity, said complaint of the plaintiffs’ fails to state a
claim upon which relief may be granted, as there are no
allegations contained in the complaint, that any act or
ommission, was performed by said defendant in any capacity
other than his official capacity.
AS AND FOR A SEVENTH DEFENSE
50. That upon information and belief, the plaintiff
Coalition, lacks the requisite standing to bring this action,
and thus those portions of the plaintiff's complaint, fail
to state a claim upon which relief may be granted.
AS AND FOR AN EIGHTH DEFENSE
a
51. Inasmuch as the plaintiff, Michelson's complaint
—
is directed towards the acts of this defendant in his
individual capacity, the SIXTH, SEVENTH, EIGHTH and NINTH
causes of action are barred by the applicable statute of
limitations.
WHEREFORE, the defendant, William Murray, demands
judgment dismissing the plaintiffs' complaint, together with
.
aon eat, ah
the costs and disbursements of this action, reasonable attorneys
fees, and such other and further relief as to this Court may
seem just and proper,
DATED: January 21, 1983
( NT J. McARDLE, JR.”
=o Corporation Counsel ~- City of Albany
Attorney for Defendant William Murray
JOHN L. SHEA, Of Counsel
100 State Street
Albany, New York 12207
(518) 462-8673
einen vst
TO: WALTER & THAYER, ESQS.
Attorneys for Plaintiffs
69 Columbia Street
Albany, New York 12207
seers nananrevenin =n mgm rmenrranonmnagrensinn nt
ISPD eS LUANDA lb HM rc
Answering def endaatsS et. SEY LEV Aas
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
VERA MICHELSON, and CaPiva. biSTalet
GUALLTION AGALNST APARTiLi Aud RACISM,
by ite Chairwan MICHACL DOLLA,
Plaintiffs,
-~ayainst= 82-CV-1413
(ion, Roger J. Miner)
PAu: MALY, Acdey 1 CHANCE, PCORRAL BUREAG
OF LaVeSTIGATION, JAIES J. 00S., SPLOLAL
ACGNT, FROG AL avanEY OF TSVESTICATION;
PRD UNANOWE OFTIE ashi kie 85 is FE DERAL bURIAU
ced doth @heed di deeded eta g — wdideos'’s STATE PRR LCE
OFFICERS; ALBANY COUNTY DISTRICT ATTORNEY SOL |
tH ERB ERG , NEAT 4 UNTY ANS ESTAS iT DLS TELCT
ATTORNEY J0beVH OWaennLed; abiaeY CounlY ASSib~
TANT OLSTRICT ATTOKACY JOUN DORFUAR: Uri NOWN
OHEK ALBANY COUNTY ciosidud AraGmcYS! OM
COUNTY OF ALBANY; Tia CLTY 2 ALbAY POLICE
CHIEF THOMAS BURKE; CLAY GE ound AoC. TANT
—PORIGE CHIGS 30 tal cliry oF ALEANY POLICE
LLEUTENANT WLLLIAM MURKAY; CITY OF ALBANY
RETECTIVE JOUN TANCHAK, UNMGOWN OTRLR CITY OF
ALBANY PULLCL OFFICERS, aid Til CLLY OF ALBANY,
beievudants.
eee
EE ON NY NG NRO aE ON me 2 ee ae ee nna ne
Wie defenuauca, Aibaay Couaty District Attorney Sol Creenberg,
Rrrcaasieriinosss te cas Cone
Albany Couuty Asviniaus cloiilcl .ctor.ey Joseph Wounelly, Albany County
| A mere ASCP ie SEM URRROPNEEN SINS
ABBislank JL Hi
LL wd é
oclual, ugkaowk OLher Albany County District
ALEWE eye ese Be Sey wh cary Lert D wminmes SOE keicecec tu ao Abbany County
defeudants), tor au aiswer co iiae plaiucitfe’ complatut as ameaded by
rdey Of the Mion, Oued J. -itner dated February 4, 1983, hereia:
FERST: AdwiL patagraphe “u9" of the Third, Fourth, Fifth, Sixth,
Seventh, signth anu Ninth wauses of Action of pleaiatiff Michelson and the Firat
und Secdou Causes Of action of plaintiff Coalition ead the Albany County
duteuuante wtate that Lis charges referred to fa paragraph "69" of the
:
daakatitis' COMP Awa WE & uisitesed in the iuterest of justice; and
jaerrengeremane wren
PeaeiaiaeanastaieouMaltini rire ills.
"35" of the Seventh, Fighth and Ninth Causes of Action of plaintiff
Michelson and the First and Second Causes of Action of plaintiff Coalition
and the Albany County defendauts state that the charges referred to in
paragraph "85" of the plaintiffs’ cowpiaint were dismissed in the interest
of justice.
3,,GOND: eunies any knowledge or information sufficient to form a
belief thereof as to the aide;sutions, claims and statements contained in the
paragraphs of the complaint hereda cmbeved Tah. te. "LI", "20", TAA" "43",
"94" and "25" of the FArst, Decunu, situs su bids valah, Siath, Seventh,
Kighth and viata Causes of action of piaintiff Michelson and the Firat and
Second Causes vf Acisou oi Piwhucisi vowdition, except that the Albany County
defendants adudt chat at aii times wentioned and described in the plaintiffs’
complalit they Were acting a6 theit Ollicad capacities aad in a lawful, proper,
aad justified mauuer; "57" aad Ss" of the Second, Third, Fourth, Fifth, sixth,
Seveath, Cighth and iat vauses of Action of piaintiff Michelson and the First
and Second Cause of Action of pladatiff Voelitioa; Hog” Moet. Mog", "S7", "98",
"sag" 109", "206" und ii" Of she vaeee eae second Causes of Action of
plainciff Coalition.
Tila: Denies Liose portions of paragraphs agg" "105" and "207"
of the First and SecOun causes of Action of plaintiff Coalition which pertain
to the Albany Couaty defenucants, as to those portions of said paragraphs
which pertain to th: somdefenuaats, the Albany County defendants lack
knowledge or information suificieat Lo form a belief.
FOURTH: Deales each and every allegatioa, claim and statement
contained in the paragraphs of the complaiat herein numbered "1", "2", "3", "yr.
Lab 2 8 ei "is". “ig. no" N26" te Bt " “28° "99". WS0"" WSL". ee * gah Ss", wag",
‘
lek oamanguenen varnish
ca
Veter pys
viene
gg. Ngan Sh aN, SF's as yt Mag Mage Maat MO RE" "48",
"so" and "Si" of the First, becond, Third, Fourth, Fifth, Sixth, Seventh, Eighth
aad Ninth Causes of Action of plataciff Micheleoa and the First aad Second Causes
ef Action of plaiatiff Coalition, eacept that Che Aibany Couaty defendants
oe
refer ali questions of iaw LO the Lourt aad adwit thet at those times
' compialat, the defendant,
Mencioned auc descradbed Li, bine phataclits
Jameea J. Ose Wad « Special A,ent. Of the vederal Luseau of Lavestigation
aid at those tied sneatiene aw aeeckibed tn the plaintiffs’ complaint,
the defendunt, Joho wrfios, «vac av Assistant District Attorney of the County —
of Albany atid ao ebpidyee, wliteet aba ajeat Ol the county of Albany and
the Albany County defewesce fefet to bie searen varrant referred to in
the piainetifs' complai.t ane tne appitcation tnerelor for the sum and
substance of gate aud the Albany Couaty defendants admit that the application
for said search warrant ceferred to ta the plainutiffe’ complaint was
typed by the defendant, Sibauy Gouacy Assietaat bietrict Attoroey,
Joseph Dounelily, On OF avout Seyvlenbes éi, aved, trow ioforwation provided
by the defeudanats, Vaui taiy, Jakes KOSe, Leputy Chief Jou Kedd and Lt.
Wiliitam Murray and the sidbany Gounry deLeadants state that at those
Cimes wentloned anu desiiloed Li pata rapa £0" wk the piaintitts'
COMpierAnh, Like UGleuuaue, away we emmy deo bawe Vsubadck ALLOTOCY,
Joseph Docieliy, Wan acti bio (osecutorial capacity and Che Albaay County
eadwit that whiae Bald search warrant appiication was belug typed, the
detendants, Pauli Valy, Janes Kose, Vepuly Chief Joo wedd, Le. wiliiem
Murtay and other City of Aibany Police Officers were present; "53",
Hegh 550 56" gad "$9" of che second, Third, Fourth, Fifth, Sixth,
Seventh, Lighth aaw Ainis Causes OF «a bhon vt platatitt Michelson and
*
Cie PE PRE hg hee CEC RAGD A et Se WF awe hiaea reg 8 pladaciff Cows C200, except
ET A MO RAS sc ROR TONS, Le me
kiqeeipate
Fe a ee ee ee eee
x... thet Che adideuny County detendants refer to the gearch inveutory referred
to in paragraph "54" of ci piwinctifs’ complatat for Che sum aud gubstanace
"66"; iF ae "ee", 709" and baat 2 Supe
§ 3 4 at ‘ te wt
of dame: bal, “OS (Cae Ve 9 ORs
of une Third, Fourth, Fifth, Sasch, seveuth, Eighth aud Niath Causes of
Actioa of plaisiif! Michelson aud Che Pirst and Second Causes of Action
Oi pamautlil Coalitiou, eacept Chae ihe Albany County defendeate admit
watitdit, she was heid in custody at
that ivéatiwhig tae efi Ses wie po
following morning, she was
Oi Kd Rus ee eeyaa, Albany County Police Court Judge
en the Uhatgee Feleried .6 We. \2 or the paainciffa’ complaint
AO Gae ALDENY WHEL y EI ectlbe Paes Gee juestions of Law to Che
cuucks “FS s in 5 Per 9 4 iv’ wk che fourth, Firth, Sixth,
ol Action ot plainciff Micheleon and
De Verwi iil oe ana sae vue” Voce eee eee oo UE &
> ee
Aekion of plaintiff Coaiition; "F2" 5 "go"
Ciie ¢ailei @44) oes Laotined wa
in Causes of Action of
Bia BE” WE ete PAE Obacmiby ek marily. a ic hae beac
paeabiabatd sid ute aS ath Wire Lidu Baha DeEbuUau Labbes of Aston ot piadaciff
Giada hidoar, pe es bakin, Ge vVedblt, os aaaell ahs viath Sauses of Action
Of phatathii ccdcinve ade ae whe echt aie Second Cateacs OF Action of
; pool evauth, Lagath asd Niath
paatucall tiie dd Cod atea
chk ee bh I Cae beet 4 watt Ceewiia Leese
7 Vatbed OL ALEAWE Uh pamaseeaet
-iantin ead Niath Causes of
wl nhs & Bhai oe ae ea SS a aa ares
Aon On a ice ee" i Se twit dad acie FEES Bae Oe COMM Causes ot Action
of piatatitt Coalitaca, it asa "92" of the Matn Cause Of Action of
Pbabscri fF ) icne@dson oud the © 4hot aud Second Causes of Action of piaincift
Coasltion a. Pyagey oe, “"a09" wad "110" of the Yiret and Second Causes
' wt Apetion Of gbedatit? Vecasbiony (hae Oad 443" of che Second Cause of Action
Sia, *
te ae caee @ ae | heh oeOuak wa pA? and URES of All Causes of Action,
g } ee
$ 4
‘ected Mbit Gna ou abi nab SRNL Mra ih Nest ar eR RISA
i AS AND FOR A FLKST AFFIMMATIVE DEFENSE
re IN DIMINUTION OF DAMAGES AS TO ALL CAUSES
OF ACTION SET FORT IN THL PLAINTIFFS‘
GCOMPLALNT, The ALBANY COUNTY DEFENDANTS,
FIFTH: hat the injuries aud Gauges centioned and described in the
plaintiffs’ cowplaint were caused iu whole or in part by the contributory
negiipence, lack of ordinary care, assumption of risk and/or culpable conduct
of the plainctaife uad without any sepdigence or carelessness on the part of the
Albany County defencauts, couccibiting thereto.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
AS ‘(O ALL CAUS..S OF ACTION SET FORTH IN
liane FLALCTUERS' COMPLAINT, TH ALBARY
pays ees
Mh Gy ae Bb Sad eb abel awd > ALLE mf
Slav: what at those tines centioned aad deseribed in the pladaciffe'
complaint, the delesuaiin, sivauy Wuury doitict Actorney Sol Creenberg,
Aibany County Assistaut .astrice Attorney Joseph voanelly, Albany County
Assistant Vistrict Attorney Solu Dertmau, unkuown oticr Albany County District
Attorneys aud Tne County os \abenuy, otter in a reasouuble manner, with probable
cause, in good faitna, wien ue malice dua tneiy actions were justified.
uke. FOL A Titles APPIN ATIVE. DEFENSE
aS YO ALL CAUSES OF ACTION SET FORTH IN
Hine FLATEVUIPES! OePLAINT, Tih ALIANT
GOUNTY DibhabaNnts, ALLEL;
SCVENTH: Phet ab inOue tired tentloned auc deseribed La the
platoatiftis' complaiuc, tne Gefeadants, Aibuny Couaty cietrict Attorney Sol
Greenberg, Aibany County Asaistaut .stvice Attorney Josep DOanelly, Albany
County Assistaat Listrict attorney Joha Dorfwan aud unkuown other other Albany
County Pistricet Attorneys were quasi-judicial officials acting in their
olficial capacity anu, therefore, they and the County of Albany, are immune
frow any «ai all ifeabiiity fa this action,
‘
ee
aac aiartantneer Ake ate lula
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
\. AS TO ALL CAUSES OF ACTION SET FORTH IN
hc PLALATTFFS' COMPLAINT, Tis ALBANY
COLNTY DEFENDANTS, ALLEGE:
PMGapit That the plaiaciffe’ complaint fails to state a claim upon
which relier® cau be prahtieu.
AS AND FOR A FLIPYRH AFP INGATIVE DEFENSE
Sey ALL CAUSES OF ACTION SPT FORTH IN
Tid CLATATIEPS* COMPLAINT, tite DEFENDANTS ,
HONEY OP aicbaNY AND ALBANY COUNTY
as oy WPRORAGY SOL CREENBERG, ALLEGE:
« Jouaty of Albany and Albany County
» & a4
Otetrict Aerie - ‘ gi, tev Hwee we ede liable for the conduct of their
enmplovees user the doctrine O48 eG POGuieceadl vuperior.
WHkWEORL, the delenaenrte, Alvaay Lount) wieteict Attorney Sol
Greenbers, Adoaay Sounty sseisteaut biatricl Attorney Joseph Donnelly, Albany
Couaty Assistant bisercict Atboruey Jou vortwan, uakaown other Albany County
District Attoraeys aad The County Of bavany demand judgitent dismissing the
complaint ae akeadeu by Cries 92 Cie wm, ‘orec d. daer dated February 4, 1983,
herein with cCosis,.
CARTER, GONBOY, BARDWELL,
CASE & BLACKMORE
By al Yaris | a ib hachiworte
James ©. Ulackmore
Ltturasys (or Deleudante, Albany
Ob eesbe lh, sduetiy wun ly
Sauylataat District Attorney
hime) Od ay, Albaay County
\eaistaat Discrict Attorney
Johan Dortman, unknown other
Albany County Disacrict Attorneys
and The County of Albany
Office & P, 0. Address
74 Chapel Street
Albany, New York 12207
Phone: 465-3484
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK ~~ CIVIL DIVISION
si hi hi ln 6 me ie i se A th IN AA A gl ae RT SE A SORE ERS
VERA MICHELSON, and CAPITAL DISTRICT COALITION
AGAINST APARTHEID AND RACISM, by its Chairman
MICHAEL DOLLARD,
Plaintiffs, ANSWER
unead weve Civil File No.
8 82-CV~-1413
PAUL DALY, AGENT IN CHARGE, FEDERAL BUREAU Hon. Roger J.
OF INVESTIGATION; JAMES J. ROSE, SPECIAL Miner
AGENT, FEDERAL BUREAU OF INVESTIGATION; AND
UNKNOWN OTHER AGENTS OF THE FEDERAL BUREAU
OF INVESTIGATTON; UNKNOWN NEW YORK STATE
POLICE OFFICERS; ALBANY COUNTY DISTRICT
ATTORNEY SOL GREENBERG; ALBANY COUNTY
ASSISTANT DISTRICT ATTORNEY JOSEPH DONNELLY ;
ALBANY COUNTY ASSISTANT DISTRICT ATTORNEY
JOHN DORFMAN; UNKNOWN OTHER ALBANY COUNTY
DISTRICT ATTORNEYS; THE COUNTY OF ALBANY ;
THE CITY OF ALBANY POLICE CHIEF THOMAS BURKE ;
CITY OF ALBANY ASSISTANT POLICE CHIEF JON
REID; CITY OF ALBANY POLICE LIEUTENANT
WILLIAM MURRAY; CITY OF ALBANY DETECTIVE
JOWN TANCHAK, UNKNOWN OTHER CITY OF ALBANY
POLICE OFFICERS, and THE CITY OF ALBANY,
Defendants.
sar Ly us se snc: an Aan wag tw ima AN ai Sak Sane EE a A a A AE I SI
The defendant, Jon (John) Reid, by his attorney,
Vincent J. McArdle, Jr., Corporation counsel for the City of
Albany, as and for an answer to the plaintiffs' complaint,
does hereby state and allege:
1. As to paragraph "1" of the plaintiffs' complaint,
said defendant admits that the apartment was searched, that
various individuals entered with weapons drawn, that certain
items of property were seized, that arrests were made, including
the arrest of the plaintiff, and that the charges against the
plaintiff were dismissed at a later time. Said defendant denies
that the apartment in question was unlawfully raided and
invaded, and that the apartment was ransacked. As to the
balance of the allegations of said paragraph, the defendant
denies knowledge or information sufficient to form a belief
with respect to same.
9. As to paragraph "2" of the plaintiffs’ complaint,
said defendant denies knowledge or information sufficient to
form a belief with respect to the first sentence of said
paragraph. As to the balance of said paragraph, the defendant
denies each and every allegation of same.
3. Denies knowledge or information sufficient to
form a belief, as to paragraphs "3", na age 7 es "19"
and "20".
4. Denies the allegations contained in paragraphs
ve ad and ae aoa
AS TO THE FIRST CAUSE OF ACTION
5. Denies knowledge or information sufficient to
form a belief as to paragraphs "21", ngage NEON MSG ee
and "43".
6. Denies the allegations contained in paragraphs
wgan ragt Hai 94" ORG, mai "4g, "4a", “SO” and US...
7. As to paragraph "24" of the complaint, the
defendant admits there was a discussion had between certain
named defendants, vegarding information from an F.B.1I. informant
piscine scasveensniseh eSATA PEASANT ER RRND TAH ANY oN RTE CARNIVAL DRS CSIR
some of which related to the plaintiff's apartment. The
defendant denies the balance of the allegations of said
paragraph.
8. As to paragraph "25" of the complaint, the
defendant admits the first sentence thereof and denies know-
ledge or information sufficient to form a belief as to the
balance of said paragraph.
9. As to paragraph "26" of the complaint, the
defendant admits that it was agreed to obtain a search warrant
for the plaintiff's apartment, and denies knowledge or inform-
ation sufficient to form a belief as to the balance of said
paragraph.
10. As to paragraph "29" of the complaint, admits
that the defendant, Rose, assisted in preparing the warrant
by providing information from a confidential informant, and
denies knowledge or information sufficient to form a belief
as to the balance of said paragraph.
ll. As to paragraph "46" of the plaintiffs' complaint,
admits that law enforcement officers possessed a warrant to
search and did in fact search the subject apartment, and denies
the allegations contained in the balance of said paragraph.
AS TO THE SECOND CAUSE OF ACTION
12. Denies the allegations contained in paragraph
"S92" of the complaint, except as hereinbefore otherwise
specifically pleaded.
nance neat
13. Denies the allegations contained in paragraphs
ih Ss Tas and "eg.
14. Denies knowledge or information sufficient to
form a belief, as to the allegations contained in paragraphs
“S6"" . "wet and “eRe.
AS TO THE THIRD CAUSE OF ACTION
15. Denies the allegations contained in paragraph
"60" of the plaintiffs' complaint, except as hereinbefore
otherwise specifically pleaded.
16. As to paragraph "61" of the complaint, admits
that the plaintiff was arrested and denies knowledge or inform-
ation sufficient to form a belief as to the balance of said
paragraph.
17. As to the first sentence of paragraph "62" of
the complaint, the defendant admits that the plaintiff was
removed from her apartment in handcuffs, but denies knowledge
or information sufficient to form a belief as to the balance
of the allegations contained in said sentence. The defendant
denies the allegation contained in the second sentence of
said paragraph.
18. Denies knowledge or information sufficient to
form a belief as to paragraphs "63", "66", "65", "66". "67".
"66" and "70"; :
19. As to paragraph "69" of the complaint, the
defendant admits that charges were dismissed, but denies
RASH ORR Somali
et PA NERVE NET Wc repartee, ~ “
asia adit Ml mb lls lee al meaty Sei ibe) yeaa Aa Ur vaad WMH Mae KM WA Riedee ALLO pK DURA Erne AMMA a ANS arbre Ba
eat USHER RY VOIDS UH LEINSTER NTO ERIE SOLE ANCA OA LUE ERRNO!
knowledge or information sufficient to form a belief as to the
balance of said paragraph.
20. Defendant denies the allegations contained in
paragraph "71".
AS TO THE FOURTH CAUSE OF ACTION
91. Denies the allegations contained in paragraph "72"
of the complaint, except as hereinbefore otherwise specifically
pleaded.
22. Denies the allegations contained in paragraphs
a oe a 3 sal "76" and se
23. Denies knowledge or information sufficient to
form a belief as to the allegations contained in paragraph "74".
AS TO THE FIFTH CAUSE OF ACTION
24. Denies the allegations contained in paragraph "78"
of the complaint, except as hereinbefore otherwise specifically
pleaded.
25. Denies the allegations contained in paragraphs
"79" "go" and is. 8 Sala
AS TO THE SIXTH CAUSE OF ACTION
96. Denies the allegations contained in paragraph "82"
of the complaint, except 48 hereinbefore otherwise specifically
pleaded.
297. Denies the allegations contained in paragraph
ae
"gaat ‘
sa oAea ste ssh ROME RETAINS BeOS MEMOIR VED
Pec td Bn shit imo nd ‘
AS TO THE SEVENTH CAUSE OF ACTION
28. Denies the allegations contained in paragraph
"S4"" of the complaint, except as hereinbefore otherwise
specifically pleaded.
299. As to paragraph "85" of the complaint, admits
that charges against the plaintiff were dismissed, but denies
knowledge or information sufficient to form a belief as to
the balance of said paragraph.
30. Denies the allegations contained in paragraphs
"86" and "87".
AS TO THE EIGHTH CAUSE OF ACTION
31. Denies the allegations contained in paragraph "88",
except as hereinbefore otherwise specifically pleaded.
32. Denies the allegations contained in paragraph '89".
AS TO THE NINTH CAUSE OF ACTION
33. Denies the allegations contained in paragraph "90"
of the complaint, except as hereinbefore otherwise svecifically
pleaded.
34. Denies the allegations contained in paragraphs
"91" and "92".
AS TO THE FIRST CAUSE OF ACTION
OF PLAINTIFF COALITION
35. Denies the allegations contained in paragraph "93"
of the complaint, except as hereinbefore otherwise specifically
fustenewtHisnivnsieial tannic bam nl
pleaded.
36. Denies knowledge or information sufficient to
form a belief as to paragraphs "94", sggtt gg, "OT", "LOS",
"104" and "106".
37. Denies the allegations contained in paragraphs
gi 8 hae HI02", "iO5" “107", "108", "109" and "7710",
AS TO THE SECOND CAUSE OF ACTION
OF PLAINTIFF COALITION
38. Denies the allegations contained in paragraph
"111", except as hereinbefore otherwise specifically pleaded.
39, Denies the allegations contained in paragraphs
"772" "423", "114" and "115".
AS AND FOR A FIRST DEFENSE
40. The arrest, detention and prosecution of the
plaintiff, Michelson, were effectuated, if they were effectuated
at all, with good and legal justification, based upon reasonable
and probable cause.
AS AND FOR A SECOND DEFENSE
41. That the arrest, detention and prosecution of
the plaintiff, Michelson, were effectuated, if they were
effectuated at all, in good faith, without malice and with good
and legal justification, based on reasonable and probable cause.
AS AND FOR A THIRD DEFENSE
42. That uvon information and belief, no item
of injury or damage, which plaintiffs claim to have sustained,
y way contributed to, by any culpable
Jon (John) Reid, but i¢
was caused or in an
conduct on the part of the defendant,
any such injury or damage was sustained, it was caused solely
by the culpable conduct of the plaintiffs and/or some third
party over whom this defendant has no control.
AS AND FOR A FOURTH DEFENSE
43. That the cause of action enumerated as, SIXTH
CAUSE OF ACTION OF THE PLAINTIFF MICHELSON, fails to state a
claim upon which relief may be granted.
AS AND FOR A FIFTH DEFENSE
44. That the complaint of the plaintiff Michelson,
EIGHTH CAUSE OF ACTION, cannot
omply with the
with respect to the FIFTH and
be sustained, as said plaintiff has failed to c
requirements of Section 50-e of the General Municipal Law of
the State of New York.
AS AND FOR A SiXTH DEFENSE
45. That inasmuch as the complaint of the plaintiffs’,
alleges that this defendant is being sued in his individual
capacity, said complaint of the plaintiffs' fails to state a
claim upon which relief may be granted, as there are no
allegations contained in the complaint, that any act or
ommission, was performed by said defendant in any capacity
other than his official capacity.
AS AND FOR A SEVENTH DEFENSE
46. That upon information and belief, the plaintiff
Coalition, lacks the requisite standing to bring this action,
and thus those portions of the plaintiff's complaint, fail
to state a claim upon which relief may be granted.
AS AND FOR AN EIGHTH DEFENSE
47. Imasmuch as the plaintiff, Michelson's
complaint is directed towards the acts of this defendant in
his individual capacity, the SIXTH, SEVENTH, EIGHTH and NINTH
causes of action are barred by the applicable statute of
limitations.
WHEREFORE, the defendant, Jon (John) Reid, demands
judgment dismissing the piaintiffs' complaint, together with
the costs and disbursements of this action, reasonable attorneys
fees, and such other and further relief as to this Court may
seem just and proper.
DATED: January 21, 1983 _
C.
a . Cc LM, .
Corporation Counsel-City of Albany
Attorney for Defendant
Jon (John) Reid
JOHN L. SHEA, Of Counsel
100 State Street - Suite 634
TO: WALTER & THAYER, ESQS. Albany, New York 12207
Attorneys for Plaintiffs (518) 462-8673
69 Columbia gtreet,...,,+
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK CIVIL DIVISION
alts a i be - i8”SD g we S y-mytr i E'S TTS
VERA MICHELSON, and CAPITAL DISTRICT
COALITION AGAINST APARTHEID AND RACISM,
by its Chairman MICHAEL DOLLARD,
Plaintiffs, ANSWER
; Civil File No.
“REAEHEC* 82-CV-1413
PAUL DALY, AGENT IN CHARGE, FEDERAL BUREAU
OF INVESTIGATION; JAMES J. ROSE, SPECTAL
AGENT, FEDERAL BUREAU OF INVESTIGATION; AND
UNKNOWN OTHER AGENTS OF THE FEDERAL BUREAU
OF INVESTIGATION; UNKNOWN NEW YORK STATE
POLICE OFFICERS; ALBANY COUNTY DISTRICT
ATTORNEY SOL GREENBERG; ALBANY COUNTY
ASSISTANT DISTRICT ATTORNEY JOSEPH DONNELLY ;
ALBANY COUNTY ASSISTANT DISTRICT ATTORNEY
JOHN DORFMAN; UNKNOWN OTHER ALBANY COUNTY
DISTRICT ATTORNEYS; THE COUNTY OF ALBANY ;
THE CITY OF ALBANY POLICE CHIEF THOMAS BURKE ;
CITY OF ALBANY ASSISTANT POLICE CHIEF JON
REID; CITY OF ALBANY POLICE LIEUTENANT
WILLIAM MURRAY; CITY OF ALBANY DETECTIVE
JOHN TANCHAK, UNKNOWN OTHER CITY OF ALBANY
POLICE OFFICERS, and THE CITY OF ALBANY,
Hon.Roger J.
Miner
Defendants.
The defendant, Thomas Burke, by his attorney,
Vincent J. McArdle, Jr., Corporation Counsel for the City of
Albany, as and for an answer to the plaintiffs’ complaint,
does hereby state and allege:
1. As to paragraph "1" of the complaint, the
defendant admits, that the plaintiff's residence was the
subject of a search, that the piaintiff was arrested and
that the charges against the plaintiff were subsequently
dismissed. As to the balance of said paragraph, the defendant
denies knowledge or information sufficient to form a belief
as to said allegations.
?. As to paragraph "2" of the complaint, the defendant
denies knowledge or information sufficient to form a belief
as to the first sentence of said paragraph, and denies the
balance of the allegations contained in said paragraph.
3. Denies knowledge or information sufficient to
form a belief, as to the allegations contained in paragraphs
ge ge EH Te Ey. ae Vee. %
4. Denies the allegations set forth in paragraphs
"6" and "7".
5. As to paragraph "10", of the complaint, the
defendant admits that the defendant Dorfman was so employed
at the time of the incident in question.
AS TO THE FIRST CAUSE OF ACTION
6. Deny knowledge or information sufficient to form
a belief as to paragraphs "21", age Og M26" ee "29",
ware. agg Magh Oag Ae. Res “ag: "4B" and “50”.
J. Denies the allegations contained in paragraphs
nog ag age AO" VOL", aR” and Si".
8. As to paragraph "25" of the complaint, admits
the first sentence thereof and denies knowledge or information
sufficient to form a belief as to the balance.
soetoonromonnannrsnntavnen st
any en annem teantnr OM Rn so ceenacomneangeonisNHANE NTR TSAR NARI IRR RE RCI AC RTT
9. As to paragraph "46" of the complaint, admits
that law enforcement officials possessed a warrant to search
the apartment and in fact did search said apartment, and denies
knowledge or information sufficient to form a belief as to the
balance of said paragraph.
19. As to paragraph "49" of the complaint, admits
that the plaintiff and certain others were arrested, and denies
knowledge or information sufficient to form a belief as to the
balance of said paragraph.
AS TO THE SECOND CAUSE OF ACTION
ll. Denies the allegations contained in paragraph
"52" of the complaint except as hereinbefore otherwise
specifically pleaded.
12. Denies the allegations contained in paragraphs
“oo ane "29".
13. Denies knowledge or information sufficient to
form a belief, as to the allegations contained in paragraphs
“Se soy Se and wae.
AS TO THE THIRD CAUSE OF ACTION
14. Denies the allegations contained in paragraph
"60" except as hereinbefore otherwise specifically pleaded.
15. As to paragraph "61" of the complaint, admits
that the plaintiff was arrested and charged with certain
violations of the Penal Law, and denies the balance of the
‘i scale stbntsiion Sh nasa rpannbnn loaner WlanuiRhe Rt HNMNaDinNinnasnnve nts iehalir alien nMrivhien anh enna ene eal GCN AN a UA i sna MeN Sie rH Linwienl tern AON nl AAS AH RR Whe ARRAS maBRIR tat deez Hil ieee ARREARS SENTERO CHORD ASR RETIN,
allegations of said paragraph.
16. Denies knowledge or information sufficient to
form a belief as to the allegations contained in paragraphs
negu “gg wget 86S", G6", "Gr", Se, and "70".
17. As to the allegations contained in paragraph
"69" admits that the charges were dismissed, but denies
knowledge or information sufficient to form a belief as to
the balance of said paragraph.
18. Denies the allegations contained in paragraph
oe Cae
AS TO THE FOURTH CAUSE OF ACTION
19. Denies the allegations contained in paragraph
"72" of the complaint, except as hereinbefore otherwise
specifically pleaded.
20. Denies the allegations contained in paragraphs
wos Mg IG" ane TE.
21. Denies knowledge or information sufficient to
form a belief as to the allegations contained in paragraph
w74" ‘
AS TO THE FIFTH CAUSE OF ACTION
22. Denies the allegations contained in paragraph
"78" except as hereinbefore otherwise specifically pleaded.
23. Denies the allegations contained in paragraphs
7? sur. th engye* eaaneel Lagi | tae
stv einahvs sey GRA RN NTN ee EAN AHERN
AS TO THE SIXTH CAUSE OF ACTION
24. Denies the allegations contained in paragraph
"82" except as hereinbefore otherwise specifically pleaded.
25. Denies the allegations contained in paragraph
abe «Se Sy ?
AS TO THE SEVENTH CAUSE OF ACTION
26. Denies the allegations contained in paragraph
"84" except as hereinbefore otherwise specifically pleaded.
27. As to paragraph "85", of the complaint, admits
that the charges were dismissed, but denies knowledge or
information sufficient to form a belief, as to the balance
of said paragraph.
28. Denies the allegations contained in paragraphs
"86" and "S7".
AS TO THE EIGHTH CAUSE OF ACTION
29. Denies the allegations contained in paragraph
"88'"'| except as hereinbefore otherwise specifically pleaded.
30. Denies the allegations contained in paragraph
"ag :
AS TO THE NINTH CAUSE OF ACTION
31. Denies the allegations contained in paragraph
"90", except as hereinbefore otherwise specifically pleaded.
ANNA SAB bP ea ALL inbred LA realise
32. Denies the allegations contained in paragraphs
"gi" and "92".
AS TO THE FIRST CAUSE OF ACTION
OF PLAINTIFF COALITION
33. Denies the allegations contained in paragraph
"93" except as hereinbefore otherwise specifically pleaded.
34. Denies knowledge or information sufficient to
form a belief as to paragraphs tiga Ugg "gg" MST", "102" i
104", and "106".
35. Denies the allegations contained in paragraphs
“i. WL” ~“105", "307", "108", wy 59" and "1.0".
AS TO THE SECOND CAUSE OF ACTION
OF PLAINTIFF COALITION
36. Denies the allegations contained in paragraph
"111". except as hereinbefore otherwise specifically pleaded.
37. Denies the allegations contained in paragraphs
mga", "113", "114" and "115".
AS AND FOR A FIRST DEFENSE
38. The arrest, detention and prosecution of the
plaintiff, Michelson, were effectuated, if they were effectuated
at all, with good and legal justification, based upon reasonable
and probable cause. :
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AS AND FOR A SECOND DEFENSE
39. That the arrest, detention and prosecution of
the plaintiff, Michelson, were effectuated, if they were
effectuated at all, in good faith, without malice and with
good and legal justification, based on reasonable and probable
cause,
AS AND FOR A THIRD DEFENSE
40, That upon information and belief, no item
of injury or damage, which plaintiffs claim to have sustained,
was caused or in any way contributed to, by any culpable
conduct on the part of the defendant, Thomas Burke, but if
any such injury or damage was sustained, it was caused solely
by the culpable conduct of the plaintiffs and/or some third
party over whom this defendant has no control.
AS AND FOR A FOURTH DEFENSE
41. That the cause of action enumerated as, SIXTH
CAUSE OF ACTION OF THE PLAINTIFF MICHELSON, fails to state a
claim upon which relief may be granted.
AS AND FOR A FIFTH DEFENS«
42. That the complaint of the plaintiff Michelson,
with respect to the FIFTH and EIGHTH CAUSE OF ACTION, cannot
be sustained, as said plaintiff has failed to comply with the
requirements of Section 50-e of the General Municipal Law of
the State of New York.
REALISE i avai ea cla edly ie e i in hia
AS AND FOR A SIXTH DEFENSE
43. That inasmuch as the complaint of the plaintiffs’,
alleges that this defendant is being sued in his individual
capacity, said complaint of the plaintiffs' fails to state a
claim upon which relief may be granted, as there are no
allegations contained in the complaint, that any act or
ommission, was performed by said defendant in any capacity
other than his official capacity.
AS AND FOR A SEVENTH DEFENSE
44. That upon information and belief, the plaintiff
Coalition, lacks the requisite standing to bring this action,
and thus those portions of the plaintiff's complaint, fail
to state a claim upon which relief may be granted,
AS AND FOR AN EIGHTH DEFENSE
45. Inasmuch as the plaintiff, Michelson's complaint
is directed towards the acts of this defendant in his
individual capacity, the SIXTH, SEVENTH, EIGHTH and NINTH
causes of action are barred by the applicable statute of
limitations.
WHEREFORE, the defendant, Thomas Burke, demands
judgment dismissing the plaintiffs' complaint, together with
1 ARN Rt REED A A OL
sloth oie GUANA AMR SLA CCADNRNARNRS EPPA AAPA:
the costs and disbursements of this action, reasonable
attorneys fees, and such other and further relief as to this
Court may seem just and proper.
DATED: January 21, 1983
NCENT J. McARDLE, JR.
Corporation Counsel for
City of Albany
Attorney for Defendant,
Thomas Burke
JOHN L. SHEA, Of Counsel
100 State Street - Suite 634
Albany, New York 12207
(518) 462-8673
a BLE Zot hes
TO: WALTER & THAYER, ESQS.
Attorneys for Plaintiffs
69 Columbia Street
Albany, New York 12207
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK CIVIL DIVISION
we: wel: wasabi: ih OR Ai a i ano a lst Sa i li lem ie Ia SF: eR SE RY
VERA MICHELSON, and CAPITAL DISTRICT COALiTION
AGAINST APARTHEID AND RACISM, by its Chairman
MICHAEL DOLLARD,
Plaintiffs, ANSWER
-against- Civil File No.
82-CV-1413
PAUL DALY, AGENT IN CHARGE, FEDERAL BUREAU
OF INVESTIGATION; JAMES J. ROSE, SPECIAL Hon. Roger J.
AGENT, FEDERAL BUREAU OF INVESTIGATION; AND Miner
UNKNOWN OTHER AGENTS OF THE FEDERAL BUREAU
OF INVESTIGATION; UN“MNOWN NEW YORK STATE
POLICE OFFICERS; ALBANY COUNTY DISTRICT
ATTORNEY SOL GREENBERG; ALBANY COUNTY ASStST-
ANT DISTRICT ATTORNEY JOSEPH DONNELLY; ALBANY
COUNTY ASSISTANT DISTRICT ATTORNEY JOHN DORFMAN ;
UNKNOWN OTHER ALBANY COUNTY DISTRICT ATTORNEYS ;
THE COUNTY OF ALBANY; THE CITY OF ALBANY POLICE
CHIEF THOMAS BURKE; CITY OF ALBANY ASSISTANT
POLICE CHIEF JON REID; CITY OF ALBANY POLICE
LIEUTENANT WILLIAM MURRAY; CITY OF ALBANY
DETECTIVE JOHN TANCHAK, UNKNOWN OTHER CITY
OF ALBANY POLICE OFFICERS, and THE CITY OF
ALBANY,
Defendants.
wa al dy ibe lh fl SEN ln en RR iy ee i, te Ae see i A SEE: SNE SN SRS
The defendant, City of Albany, by its attorney,
Vincent J. Mciedia de. Corporation Couusel for the City of
Albany, as and for an answer to the plaintiffs’ complaint,
does hereby state and allege:
1. As to paragraph "1" of the plaintiffs’ complaint,
the defendant admits that the plaintiff's apartment was entered
by various law enforcement officials, with weapons drawn, that
the apartment was searched, that certain items of personal
property were seized, that the plaintiff and two others were
arrested, and that the charges against the plaintiff were
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ultimately dismissed. As to the balance of said paragraph,
the defendant denies knowledge or information sufficient to
form a belief.
9. As to paragraph "2" of the complaint, the
defendant denies knowledge or information sufficient to form
a belief as to the first sentence thereof, and denies the
balance of the allegations contained in said paragraph.
3. As to paragraph "3" of the complaint, the
defendant denies knowledge or information sufficient to form
a belief as to the allegations contained in said paragraph,
except the fourth sentence thereof, and as to said fourth
sentence, the defendant admits that a paper purporting to be
a Notice of Claim was served, and said defendant denies the
remainder of said sentence.
4. Denies knowledge or information sufficient to
form a belief as to paragraphs vcd aang ria ane "yee LS"
and “20”.
5. Denies the allegations contained in paragraphs
we and nibh? Soniye
AS TO THE FIRST CAUSE OF ACTION
6. Denies knowledge or information sufficient to
form a belief as to paragraphs noq "93" and "32".
7. Denies the allegations contained in paragraphs
numbered woot ag! ney". nagt "4g", vas 8 ae a ha WAS "ha
"S60" i SSL" and "34".
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8. As to paragraph "24" of the complaint, admits
that a discussion was had between certain named defendants,
including information from an F.B.1. informant, some of which
related to the plaintiff's apartment, and denies knowledge or
information sufficient to form a belief as to the balance of
said paragraph.
9. As to paragraph "25" of the complaint, admits
the first sentence thereof and denies knowledge or information
sufficient to form a belief as to the second sentence.
10. As to paragraph "26" of the complaint, admits
that certain of the defendants agreed to obtain a search warrant
for the plaintiff's residence, and denies knowledge or
information sufficient to form a belief as to the balance of
said paragraph.
11. As to paragraph "29" of the complaint, admits
that the defendant Rose, assisted in preparing the warrant
application, by providing information from a confidential
informant, and denies knowledge or information sufficient to
form a belief as to the balance of said paragraph.
12. As to paragraph '46" of the complaint, admits
that certain law enforcement officials possessed a warrant
to search and in fact did search the plaintiff's apartment,
and denies the balance of the allegations contained in said
paragraph.
13. As to paragraph "48" of the complaint, denies
knowledge or information sufficient to form a belief as to the
first sentence of said paragraph, and denies the allegations
aniieatttihaiatiatitiaens Toone a OTT BERT RIB SmHT RTOUrerO NORTON
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contained in the second sentence of said paragraph.
AS TO THE SECOND CAUSE OF ACTION
14. Denies the allegations contained in paragraph
"69" oyeepr an hereinhefore otherwise specifically pleaded,
15. Denies the allegations contained in paragraphs
Mei: hoa and iiss: Galle
16. Denies knowledge or information sufficient to
form a belief as to paragraphs "56", "57" and “oe 4
AS TO THE THIRD CAUSE OF ACTION
17. Denies the allegations contained in paragraph
"60", except as hereinbefore otherwise specifically pleaded.
18. As to paragraph "61" of the complaint, admits
that the plaintiff was arrested for violating the Penal Law
of the State of New York, and denies knowledge or information
sufficient to form a belief as to the balance of said paragraph.
19. As to paragraph "62" of the complaint, admits
that the plaintiff was removed from her apartment in handcuffs,
booked, fingerprinted, photographed and handcuffed to a desk.
The defendant denies the balance of the allegations contained
in said paragraph.
20. As to paragraph "63" of the complaint, admits
that the plaintiff was held in custody at the Albany City Police
Division II Lock-Up and was arraigned before Judge Keegan,
Defendant denies the balance of the allegations contained in
said paragraph.
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