Professional Documents
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9
10 IN THE UNITED STATES DISTRICT COURT
Nevada Office of the Attorney General
11 DISTRICT OF NEVADA
Carson City, NV 89701-4717
100 North Carson Street
12
13 AL BAKER, ) Case No. 3:10-cv-00426-ECR-RAM
)
14 Plaintiff, )
)
15 vs. )
)
16 ALLEN BIAGGI, Director of the Nevada )
Department of Conservation and Natural )
17 Resources; DAVID K. MORROW, ) ANSWER
Administrator of the Nevada State Parks; )
18 ALLEN NEWBERRY, Nevada State Parks )
Chief of Operations and Maintenance; ERIC )
19 JOHNSON, Nevada State Parks Fallon )
Regional Manager; and ANDREW BASS, )
20 Park Supervisor I, Wild Horse State )
Recreation Area, )
21 )
Defendants. )
)
22
Defendants, David K. Morrow, Administrator of the Nevada State Parks, Eric Johnson,
23
Nevada State Parks Fallon Regional Manager, and Andrew Bass, Park Supervisor I, Wild
24
25 Horse State Recreation Area, by and through their attorneys of record, Catherine Cortez
26 Masto, Attorney General of the State of Nevada, and Kristen R. Geddes, Deputy Attorney
27 General, in answer to Plaintiff’s Complaint (“Complaint”) on file herein, admit, deny and allege as
28 follows:
1
Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 2 of 8
11 PARITES
Carson City, NV 89701-4717
100 North Carson Street
2
Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 3 of 8
1 10. Answering Plaintiff’s Complaint on file herein at ¶ 10, Defendants ADMIT only that Eric
2 Johnson is the Nevada Division of State Parks Fallon Regional Manager; that
3 Defendant Johnson is responsible for the management of the Fallon Region of the
4 Division of State Parks; and that Defendant Johnson is sued in his individual and
5 official capacities. Defendants DENY the remaining allegations contained therein.
6 11. Answering Plaintiff’s Complaint on file herein at ¶ 11, Answering Plaintiff’s Complaint
7 on file herein at ¶ 11, Defendants ADMIT only that Andrew Bass is a Park Supervisor I
8 for the Wild Horse State Recreation Area; that Defendant Bass is responsible for the
9 supervision of the Wilde Horse State Recreation Area; and that Defendant Bass is sued
10 in his individual and official capacities. Defendants DENY the remaining allegations
Nevada Office of the Attorney General
11 therein.
Carson City, NV 89701-4717
100 North Carson Street
12 LEGAL BACKGROUND
13 12. Answering Plaintiff’s Complaint on file herein at ¶ 12, Defendants ADMIT that the
14 Second Amendment states: “A well regulated Militia, being necessary to the security of
15 a free State, the right of the people to keep and bear Arms, shall not be infringed.”
16 13. Answering Plaintiff’s Complaint on file herein at ¶ 13, Defendants are without sufficient
17 information to form a belief as to the truth of the allegations contained therein, and on
18 that basis DENY same.
19 14. Answering Plaintiff’s Complaint on file herein at ¶ 14, Defendants are without sufficient
20 information to form a belief as to the truth of the allegations contained therein, and on
21 that basis DENY same.
22 15. Answering Plaintiff’s Complaint on file herein at ¶ 15, Defendants are without sufficient
23 information to form a belief as to the truth of the allegations contained therein, and on
24 that basis DENY same.
25 16. Answering Plaintiff’s Complaint on file herein at ¶ 16, Defendants ADMIT that the
26 Fourteen Amendment contains in pertinent part, the cited language.
27 ///
28 ///
3
Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 4 of 8
1 17. Answering Plaintiff’s Complaint on file herein at ¶ 17, Defendants are without sufficient
2 information to form a belief as to the truth of the allegations contained therein, and on
3 that basis DENY same.
4 18. Answering Plaintiff’s Complaint on file herein at ¶ 18, Defendants DENY each and
5 every allegation therein.
6 19. Answering Plaintiff’s Complaint on file herein at ¶ 19, Defendants DENY each and
7 every allegation contained therein.
8 20. Answering Plaintiff’s Complaint on file herein at ¶ 20, Defendants DENY each and
9 every allegation contained therein.
10 21. Answering Plaintiff’s Complaint on file herein at ¶ 21, Defendants are without sufficient
Nevada Office of the Attorney General
11 information to form a belief as to the truth of the allegations contained therein, and on
Carson City, NV 89701-4717
100 North Carson Street
4
Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 5 of 8
11 29. Answering Plaintiff’s Complaint on file herein ¶ 29, Defendants DENY all allegations
Carson City, NV 89701-4717
100 North Carson Street
12 contained therein.
13 30. Answering Plaintiff’s Complaint on file herein ¶ 30, Defendants DENY all allegations
14 contained therein, including that Plaintiff is entitled to any relief specified therein.
15 SECOND CLAIM FOR RELIEF
(Prohibition on Defensive Discharge of Firearms)
16 (Right to Keep and Bear Arms)
(Declaratory and Injunctive Relief)
17
31. Answering Plaintiff’s Complaint on file herein ¶ 31, Defendants reallege and
18
incorporate the admissions and denials in the preceding paragraphs as though fully set
19
forth herein.
20
32. Answering Plaintiff’s Complaint on file herein ¶ 32, Defendants are without sufficient
21
information to form a belief as to the truth of the allegations contained therein, and on
22
that basis DENY same.
23
33. Answering Plaintiff’s Complaint on file herein ¶ 33, Defendants DENY all allegations
24
contained therein.
25
34. Answering Plaintiff’s Complaint on file herein ¶ 34, Defendants DENY all allegations
26
contained therein.
27
35. Answering Plaintiff’s Complaint on file herein ¶ 35, Defendants DENY all allegations
28
contained therein, including that Plaintiff is entitled to any relief specified therein.
5
Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 6 of 8
1 AFFIRMATIVE DEFENSES
2 1. Plaintiff’s Complaint fails to state a claim upon which relief can be granted;
3 2. Plaintiff’s claim are not ripe;
4 3. Plaintiff’s claims are moot;
5 4. Defendants are entitled to “qualified immunity” from this litigation and all liability;
6 5. The Eleventh Amendment to the United States Constitution bars actions against
7 Defendants;
8 6. Plaintiff is solely responsible for the harm alleged to have occurred;
9 7. Plaintiff’s alleged injuries, harm, and damages are speculative, barring or
10 reducing any damages award for the same;
Nevada Office of the Attorney General
6
Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 7 of 8
11
Carson City, NV 89701-4717
100 North Carson Street
12
By: __________________________
13 Kristen R. Geddes
14 Deputy Attorney General
7
Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 8 of 8
1 CERTIFICATE OF SERVICE
2 I certify that I am an employee of the Office of the Attorney General, State of Nevada,
3 and that on this 13th day of August 2010, I caused to be served a copy of the foregoing
4 ANSWER, by CM/ECF to the following:
5 Robert Salyer
Wilson, Barrow and & Sayler, Ltd.
6 442 Court Street
Elko, NV 89801
7 salyer@wilsonbarrows.com
8 James M. Manley
Mountain States Legal Foundation
9 2596 South Lewis Way
Lakewood, CO 80227
10 jmanley@mountainstateslegal.com
Nevada Office of the Attorney General
11
Carson City, NV 89701-4717
100 North Carson Street