Case 1:18-cv-00146-HSO-JCG Document 7 Filed 05/29/18 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION (GULFPORT)

L & L MARINE CONSTRUCTION, L.L.C. *

And KIETH MARQUAR * PLAINTIFFS
*
VERSUS * CIVIL ACTION NO.
* 1:18cv146HSO-JCG
*
LONNIE FALGOUT, Individually, and in his *
Official Capacity as a Councilman for the City *
Of Bay St. Louis, Mississippi; Mayor Mike Favre , *
Individually, and in his Capacity of Mayor for the *
City of Bay St. Louis, Mississippi; and the CITY *
OF BAY ST. LOUIS, MISSISSIPPI * DEFENDANTS
*************************************************
DEFENDANT LONNIE FALGOUT’S ANSWER AND
AFFIRMATIVE DEFENSES TO PLAINTIFFS’ ORIGINAL COMPLAINT

COMES NOW Defendant Lonnie Falgout, Individually, by and through his undersigned

counsel, and files this his Answer and Affirmative Defenses to the Plaintiffs’ Original Complaint,

and in support of the same, states as follows:

FIRST DEFENSE
Plaintiffs’ Complaint fails to state a claim upon which relief can be granted.
SECOND DEFENSE
Defendant pleads all applicable statutes of limitations, including but not limited to the

statute of limitation set forth in Miss. Code Ann. Section 15-1-35 (2016) relative to assault and

battery, libel, and slander.

THIRD DEFENSE
Although Defendant denies that Plaintiffs are entitled to punitive damages, Defendant

affirmatively pleads that an award of punitive damages would amount to a deprivation of property
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without due process of law in violation of the Fifth and Fourteenth Amendments of the United

States Constitution and Section 14 and 28 of the Mississippi Constitution.

FOURTH DEFENSE
Plaintiffs alleged injuries were not caused by this Defendant.
FIFTH DEFENSE
Defendant pleads all applicable provisions of the Mississippi Tort Claims Act, Miss. Code

Ann. §11-41-1 et seq., including, but not limited to, all applicable statutes of limitations, all

exemptions from liability, all jurisdictional prerequisites to suit and no right to a jury trial.

SIXTH DEFENSE
Plaintiff L & L Marine Construction, L.L.C. lacks capacity to sue or be sued, pursuant to

Federal Rules of Civil Procedure, Rule 17 (c) (2), the same not being registered with State of

Mississippi’s Secretary of State.

SEVENTH DEFENSE

Plaintiffs’ purported injuries resulted from a party or parties other than Defendant and/or

as the result of Plaintiffs’ own wrongful acts.

EIGHTH DEFENSE

Defendant asserts all affirmative defenses that are or may become available or of which

Defendant may become aware (upon further investigation or discovery) under Fed. R. Civ. P. 8(c).

NINTH DEFENSE

Defendant asserts all affirmative defenses that are or may become available or of which

Defendant may become aware (upon further investigation or discovery) under Fed. R. Civ. P. 12(b).
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ANSWER
Without waiving any of the aforementioned Affirmative Defenses, Defendant would

respond to the Complaint as follows:

PRELIMINARY STATEMENT

1. Defendant admits that Plaintiffs have filed the instant Complaint but deny there is any

basis to Plaintiffs’ claims against Defendant and deny any and all remaining allegations contained

in Paragraph 1 of the Complaint.

STATEMENT OF JURISDICTION
2. The allegations contained in Paragraph 2 of the Complaint contain purported statements

of law and/or legal conclusions to which no response is required, and to the extent a response is

required, they are denied.

3. Defendant admits the United States District Court for the Southern District of

Mississippi, Southern Division has jurisdiction over the Plaintiffs’ federal claims, but deny the

remaining allegations contained in Paragraph 3 of the Complaint Case

4. Defendant admits the United States District Court for the Southern District of

Mississippi, Southern Division has supplemental jurisdiction over any state law claims, but deny

the remaining allegations contained within Paragraph 4 of the Complaint.

5. Defendant admits the United States District Court for the Southern District of

Mississippi, Southern Division is the proper venue for this matter, but deny the remaining

allegations within Paragraph 5 of the Complaint.

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PARTIES

6. Defendant is without information sufficient to admit or deny the allegations contained

in Paragraph 6, including Sub-Paragraphs A-B, of the Complaint, and accordingly, deny same.

7. Defendant responds to Paragraph 7 of the Complaint and its Sub-Paragraphs A-C as

follows:

A. Paragraph 7, Sub-Paragraph A is admitted. The remaining allegations contained in

Paragraph 7(A) of the Complaint contain purported statements of law and/or legal conclusions to

which no response is required, and to the extent a response is required, they are denied.

B. Paragraph 7, Sub-Paragraph B is admitted in so far as Mike Farve is the elected Mayor

of Bay St. Louis. The remaining allegations contained in Paragraph 7(B) of the Complaint contain

purported statements of law and/or legal conclusions to which no response is required, and to the

extent a response is required, they are denied.

C. Defendant admits that Plaintiffs have asserted federal and state claims against the City

of Bay St. Louis but deny there is any basis to Plaintiffs’ claims against the City or any other

Defendant, and deny any and all remaining allegations contained in Paragraph 7(C) of the

Complaint. To the extent any allegations in Paragraph 7(C) are asserted against a party other than

Defendant, Defendant is without information sufficient to admit or deny the allegations contained

in Paragraph 7(C) of the Complaint, and accordingly, deny same.

8. Defendant denies the allegations contained in Paragraph 8 of the Complaint and further

deny that Plaintiffs are entitled to relief of any kind. To the extent any allegations in Paragraph 8

are asserted against a party other than Defendant, Defendant is without information sufficient to
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admit or deny the allegations contained in Paragraph 8 of the Complaint, and accordingly, deny

same.

FACTUAL ALLEGATIONS

9. The allegations of Paragraph No. 9 are denied.

10. The allegations of Paragraph No. 10 are denied.

11. The allegations of Paragraph No. 11 are denied.

12. The allegations of Paragraph No. 12 are denied.

13. The allegations of Paragraph No. 13 are denied.

14. The allegations of Paragraph No. 14 are denied.

15. The allegations of Paragraph No. 15 are denied.

FIRST CAUSE OF ACTION

16. This paragraph incorporates paragraphs 1 through 15 of plaintiffs’ complaint. The

Defendant likewise incorporates his earlier responses to paragraphs 1 through 15 as if set forth in

full.

17. The allegations of Paragraph No. 17 are denied.

18. The allegations of Paragraph No. 18 are denied.

19. The allegations of Paragraph No. 19 are denied.

20. The allegations of Paragraph No. 20 are denied.

20. The allegations of Paragraph No. 20 are denied.

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21. The allegations of Paragraph No. 21 are denied.

22. The allegations of Paragraph No. 22 are denied.

23. The allegations of Paragraph No. 23 are denied.

24. The allegations of Paragraph No. 24 are denied.

25. The allegations of Paragraph No. 25 are denied.

26. The allegations of Paragraph No. 26 are denied.

27. The allegations of Paragraph No. 27 are denied.

28. The allegations of Paragraph No. 28 are denied.

SECOND CAUSE OF ACTION

29. This paragraph incorporates paragraphs 1 through 28 of plaintiffs’ complaint. The

Defendant likewise incorporates his earlier responses to paragraphs 1 through 28 as if set forth in

full.

30. The allegations of Paragraph No. 30 are denied.

31. The allegations of Paragraph No. 31 are denied.

32. The allegations of Paragraph No. 32 are denied.

33. The allegations of Paragraph No. 33 are denied.

34. The allegations of Paragraph No. 34 are denied.

35. The allegations of Paragraph No. 35 are denied.

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THIRD CAUSE OF ACTION

36. This paragraph incorporates paragraphs 1 through 35 of plaintiffs’ complaint. The

Defendant likewise incorporates his earlier responses to paragraphs 1 through 35 as if set forth in

full.

37. The allegations of Paragraph No. 37 are denied.

38. The allegations of Paragraph No. 38 are denied.

39. The allegations of Paragraph No. 39 are denied.

40. The allegations of Paragraph No. 40 are denied.

41. The allegations of Paragraph No. 41 are denied.

42. The allegations of Paragraph No. 42 are denied.

43. The allegations of Paragraph No. 43 are denied.

44. The allegations of Paragraph No. 44 are denied.

FOURTH CAUSE OF ACTION

45. This paragraph incorporates paragraphs 1 through 44 of plaintiffs’ complaint. The

Defendant likewise incorporates his earlier responses to paragraphs 1 through 44 as if set forth in

full.

46. The allegations of Paragraph No. 46 are denied.

47. The allegations of Paragraph No. 47 are denied.

48. The allegations of Paragraph No. 48 are denied.

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49. The allegations of Paragraph No. 49 are denied.

50. The allegations of Paragraph No. 50 are denied.

DAMAGES

51. The allegations of Paragraph No. 51 and all subparts therein are denied.

ATTORNEY FEES

52. The allegations of Paragraph No. 52 are denied.

53. The allegations of Paragraph No. 53 are denied.

54. The allegations of Paragraph No. 54 are denied.

55. The allegations of Paragraph No. 55 are denied.

PRAYER FOR RELIEF

Plaintiff’s prayer for relief does not require a response, but insofar as an answer is deemed

necessary, the Defendant DENIES that plaintiffs are entitled to the requested relief or to any relief

whatsoever.

Respectfully Submitted,

LAW OFFICE OF STEVEN JAY IRWIN

Attorney for the Defendant Lonnie Falgout

BY: __S/Steven Jay Irwin________________

STEVEN JAY IRWIN, #3033
761 Magnolia Ridge Drive East
Mandeville, LA 70448
Telephone: (985) 869-0991
Email:sirwin5@bellsouth.net
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CERTIFICATE OF SERVICE

I, Steven Jay Irwin, do hereby certify that I have this date mailed through the United States

Postal Service, postage prepaid, or by hand delivery, a true and correct copy of the above and

foregoing Defendant Lonnie Falgout’s Answer and Affirmative Defenses to the Original

Complaint to the following counsel of record:

Jason T. Marsh
Phelps Dunbar
4270 I-55 North
Jackson, Mississippi 39211-6391
Telephone: 601-352-2300
Telecopier: 601-360-9777
Email: marshj@phelps.com

ATTORNEY FOR MUNICIPAL DEFENDANTS

Patrick W. Kirby
Kirby Law Firm, P.L.L.C.
2304 19th Street, Suite 203
Gulfport MS 39501
(228) 467-2332
thekirbylawfirm@att.net

ATTORNEY FOR PLAINTIFFS

This 28th day of May 2018.

S/Steven Jay Irwin_________________

Steven Jay Irwin