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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------------- x KYLA HANNAH HERSHEY-WILSON, Plaintiff, -againstTHE CITY OF NEW YORK, a municipal entity, NEW YORK CITY POLICE and COMMAND OFFICERS JOHN and MARY DOES individually and in their official capacity, NEW YORK CITY POLICE CAPTAIN ANTHONY BOLOGNA, individually and his official capacity, MICHAEL BLOOMBERG, individually and in his official capacity as Mayor of the City of New York, RAYMOND KELLY, individually and in his official capacity as Police Commissioner of the City of New York, THOMAS GRAHAM, individually and in his official capacity as Commander Disorders Control Unit, New York City Police Department, BRUCE SMOLKA, individually and in his capacity as an Assistant Chief of Patrol, Patrol Borough Manhattan South, New York City Police Department, TERRENCE MONAHAN, individually and inn his official capacity as Deputy Chief, Patrol Borough Bronx, New York City Police Department, JOHN J. COGLAN, individually and in his official capacity as Deputy Chief and Commanding Officer, Pier 57, New York City Police Department, JOSEPH ESPOSITO, individually and in his official capacity as Chief of the New York City Police Department, Defendants. ----------------------------------------------------------------------- x Defendants The City of New York, Michael Bloomberg, Raymond Kelly, Thomas Graham, Bruce Smolka, Terrence Monahan, John J. Coglan and Joseph Esposito (collectively Defendants), by their attorney, Michael A. Cardozo, Corporation Counsel of the City of New 05 CV 7026 (KMK)(THK) ANSWER

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York, for their answer to Plaintiff Kyla Hannah Hershey-Wilsons (Plaintiff) Complaint, respectfully allege as follows:

AS TO INTRODUCTION 1. Defendants deny the allegations set forth in paragraph 1 of the Complaint, except

admit that Plaintiff purports to bring this action as stated therein. 2. Defendants deny the allegations set forth in paragraph 2 of the Complaint, except

admit that Plaintiff was arrested in New York City on August 31, 2004 and the Republican National Convention (RNC) took place in New York City from late August 2004 through early September 2004. 3. Defendants deny the allegations set forth in paragraph 3 of the Complaint, except

admit that Plaintiff purports to seeks relief as stated therein. AS TO JURISDICTION 4. Defendants deny the allegations set forth in paragraph 4 of the Complaint, except

admit that Plaintiff purports to invoke the Courts jurisdiction as stated therein. 5. Defendants deny the allegations set forth in paragraph 5 of the Complaint, except

admit that Plaintiff purports to invoke the Courts supplemental jurisdiction as stated therein. 6. Defendants deny the allegations set forth 6 of the Complaint and deny knowledge

or information sufficient to form a belief as to the propriety of diversity jurisdiction. 7. Defendants deny the allegations set forth in paragraph 7 of the Complaint.

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8.

Defendants deny paragraph 8 of the Complaint, except admit that Plaintiff

purports to invoke the Courts jurisdiction as stated therein. 9. Defendants deny the allegations set forth in paragraph 9 of the Complaint, except

admit that Plaintiff purports to seek the relief as stated therein. AS TO PARTIES 10. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of the Complaint. 11. Defendants deny the allegations set forth in paragraph 11 of the Complaint, except admit that Defendant Anthony Bologna is a Captain with the New York City Police Department (NYPD). 12. Defendants deny the allegations set forth in paragraph 12 of the Complaint, except admit that Defendant City of New York is a municipal corporation duly organized and operating under the laws of the State of New York and respectfully refer the Court to the appropriate enabling statute and the related laws of the State and City of New York for their content and meaning as to its responsibilities. 13. Defendants admit paragraph 13 of the Complaint. 14. Defendants deny the allegations set forth in paragraph 14 of the Complaint, except admit that: (a) Defendant Raymond Kelly is the Commissioner of the NYPD; (b) Defendant Thomas Graham is an Inspector with the NYPD and Commanding Officer of the Disorders Control Unit; (c) Defendant Bruce Smolka is an Assistant Chief of the NYPDs Patrol

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Borough Manhattan South; (d) Defendant Terrence Monahan is Deputy Chief of the NYPDs Patrol Bronx; (e) Defendant John J. Coglan was the NYPD Commanding Officer of Pier 57; and (f) Defendant Joseph Esposito is Chief of the NYPD. AS TO ALLEGATIONS 15. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of the Complaint. 16. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of the Complaint. 17. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 17 of the Complaint. 18. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of the Complaint. 19. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 19 of the Complaint. 20. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 20 of the Complaint. 21. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 21 of the Complaint. 22. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 22 of the Complaint. -4-

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23. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 23 of the Complaint. 24. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 24 of the Complaint. 25. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 25 of the Complaint. 26. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 26 of the Complaint. 27. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 27 of the Complaint. 28. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 28 of the Complaint. 29. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 29 of the Complaint. 30. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 30 of the Complaint. 31. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 31 of the Complaint. 32. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 32 of the Complaint. -5-

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33. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 33 of the Complaint, except admit that Plaintiff was arrested in New York City on August 31, 2004. 34. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 34 of the Complaint. 35. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 35 of the Complaint. 36. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 36 of the Complaint. 37. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 37 of the Complaint. 38. Defendants deny the allegations in paragraph 38 of the Complaint, except admit that Plaintiff was handcuffed. 39. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 39 of the Complaint. 40. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 40 of the Complaint. 41. Defendants deny the allegations set forth in paragraph 41 of the Complaint, except admit that Plaintiff was transported to and detained at Pier 57.

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42. Defendants deny the allegations set forth in paragraph 42 of the Complaint, expect admit that during her arrest Plaintiff was handcuffed and transported to Pier 57. 43. Defendants deny the allegations set forth in paragraph 43 of the Complaint, except admit that during her arrest processing Plaintiff was photographed with her arresting officer. 44. Defendants deny the allegations set forth in paragraph 44 of the Complaint, except admit that Pier 57 is located on the Hudson River. 45. Defendants deny the allegations set forth in paragraph 45 of the Complaint. 46. Defendants deny the allegations set forth in paragraph 46 of the Complaint. 47. Defendants admit the allegations set forth in paragraph 47 of the Complaint. 48. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 48 of the Complaint. 49. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 49 of the Complaint. 50. Defendants deny the allegations set forth in paragraph 50 of the Complaint, except admit that Plaintiff was detained at detained at Pier 57. 51. Defendants deny the allegations set forth in paragraph 51 of the Complaint, except admit that after being detained at Pier 57 Plaintiff was transported to Central Booking.

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52. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 52 of the Complaint. 53. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 53. 54. Defendants deny the allegations set forth in paragraph 54 of the Complaint. 55. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 55 of the Complaint. 56. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 56 of the Complaint. 57. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 57 of the Complaint. 58. Defendants deny knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 58 of the Complaint. 59. Defendants are unable to formulate a response to the allegations in paragraph 59 of the Complaint because they are unintelligible. 60. Defendants deny the allegations set forth in paragraph 60 of the Complaint. 61. Defendants deny the allegations set forth in paragraph 61 of the Complaint. 62. Defendants deny the allegations set forth in paragraph 62 of the Complaint. 63. Defendants deny the allegations set forth in paragraph 63 of the Complaint. -8-

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64. Defendants deny the allegations set forth in paragraph 64 of the Complaint. 65. Defendants deny the allegations set forth in paragraph 65 of the Complaint, except admit that the RNC took place in New York City from late August 2004 through early September 2004. 66. Defendants deny the allegations set forth in paragraph 66 of the Complaint. 67. Defendants deny the allegations set forth in paragraph 67 of the Complaint. 68. Defendants deny the allegations set forth in paragraph 68 of the Complaint. 69. Defendants deny the allegations set forth in paragraph 69 of the Complaint. 70. Defendants deny the allegations set forth in paragraph 70 of the Complaint. 71. Defendants deny the allegations set forth in paragraph 71 of the Complaint. 72. Defendants deny the allegations set forth in paragraph 72 of the Complaint. 73. Defendants deny the allegations set forth in paragraph 73 of the Complaint. 74. Defendants deny the allegations set forth in paragraph 74 of the Complaint. 75. Defendants deny the allegations set forth in paragraph 75 of the Complaint. 76. Defendants deny the allegations set forth in paragraph 76 of the Complaint.

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AS TO FIRST CAUSE OF ACTION 77. Defendants repeat and reallege their responses to paragraphs 1-76 of the Complaint as if fully set forth herein. 78. Defendants deny the allegations set forth in paragraph 78 of the Complaint. 79. Defendants deny the allegations set forth in paragraph 79 of the Complaint. AS TO SECOND CAUSE OF ACTION 80. Defendants repeat and reallege their responses to paragraphs 1-79 of the Complaint as if fully set forth herein. 81. Defendants deny the allegations set forth in paragraph 81 of the Complaint. 82. Defendants deny the allegations set forth in paragraph 82 of the Complaint. AS TO THIRD CAUSE OF ACTION 83. Defendants repeat and reallege their responses to paragraphs 1-82 of the Complaint as if fully set forth herein. 84. Defendants deny the allegations set forth in paragraph 84 of the Complaint. 85. Defendants deny the allegations set forth in paragraph 85 of the Complaint. AS TO FOURTH CAUSE OF ACTION 86. Defendants repeat and reallege their responses to paragraphs 1-85 of the Complaint as if fully set forth herein. - 10

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87. Defendants deny the allegations set forth in paragraph 87 of the Complaint. 88. Defendants deny the allegations set forth in paragraph 88 of the Complaint. AS TO FIFTH CAUSE OF ACTION 89. Defendants repeat and reallege their responses to paragraphs 1-88 of the Complaint as if fully set forth herein. 90. Defendants deny the allegations set forth in paragraph 90 of the Complaint. 91. Defendants deny the allegations set forth in paragraph 91 of the Complaint. AS TO SIXTH CAUSE OF ACTION 92. Defendants repeat and reallege their responses to paragraphs 1-91 of the Complaint as if fully set forth herein. 93. Defendants deny the allegations set forth in paragraph 93 of the Complaint. 94. Defendants deny the allegations set forth in paragraph 94 of the Complaint. AS TO SEVENTH CAUSE OF ACTION 95. Defendants repeat and reallege their responses to paragraphs 1-94 of the Complaint as if fully set forth herein. 96. Defendants deny the allegations set forth in paragraph 96 of the Complaint. 97. Defendants deny the allegations set forth in paragraph 97 of the Complaint.

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AS TO EIGHTH CAUSE OF ACTION 98. Defendants repeat and reallege their responses to paragraphs 1-97 of the Complaint as if fully set forth herein. 99. Defendants deny the allegations set forth in paragraph 99 of the Complaint. 100. Defendants deny the allegations set forth in paragraph 100 of the Complaint. AS TO NINTH CAUSE OF ACTION 101. Defendants repeat and reallege their responses to paragraphs 1-100 of the Complaint as if fully set forth herein. 102. Defendants deny the allegations set forth in paragraph 102 of the Complaint. 103. Defendants deny the allegations set forth in paragraph 103 of the Complaint. AS TO TENTH CAUSE OF ACTION 104. Defendants repeat and reallege their responses to paragraphs 1-103 of the Complaint as if fully set forth herein. 105. Defendants deny the allegations set forth in paragraph 105 of the Complaint. 106. Defendants deny the allegations set forth in paragraph 106 of the Complaint. AS TO ELEVENTH CAUSE OF ACTION 107. Defendants repeat and reallege their responses to paragraphs 1-106 of the Complaint as if fully set forth herein. - 12

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108. Defendants deny the allegations set forth in paragraph 108 of the Complaint. 109. Defendants deny the allegations set forth in paragraph 109 of the Complaint. AS TO TWELFTH CAUSE OF ACTION 110. Defendants repeat and reallege their responses to paragraphs 1-109 of the Complaint as if fully set forth herein. 111. Defendants deny the allegations set forth in paragraph 111 of the Complaint. 112. Defendants deny the allegations set forth in paragraph 112 of the Complaint. AS TO THIRTEENTH CAUSE OF ACTION 113. Defendants repeat and reallege their responses to paragraphs 1-112 of the Complaint as if fully set forth herein. 114. Defendants deny the allegations set forth in paragraph 114 of the Complaint. 115. Defendants deny the allegations set forth in paragraph 115 of the Complaint. AS TO FOURTEENTH CAUSE OF ACTION 116. Defendants repeat and reallege their responses to paragraphs 1-115 of the Complaint as if fully set forth herein. 117. Defendants deny the allegations set forth in paragraph 117 of the Complaint. 118. Defendants deny the allegations set forth in paragraph 118 of the Complaint.

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AS TO FIFTEENTH CAUSE OF ACTION 119. Defendants repeat and reallege their responses to paragraphs 1-118 of the Complaint as if fully set forth herein. 120. Defendants deny the allegations set forth in paragraph 120 of the Complaint. 121. Defendants deny the allegations set forth in paragraph 121 of the Complaint. FIRST AFFIRMATIVE DEFENSE 122. The Complaint fails to state a claim upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE 123. Defendants have not violated any rights, privileges or immunities under the Constitution or laws of the United States or the State of New York or any political subdivision thereof, or any act of Congress providing for the protection of civil rights. THIRD AFFIRMATIVE DEFENSE 124. Any injury alleged to have been sustained resulted from Plaintiffs own culpable or negligent conduct or the culpable or negligent conduct of others, and was not the proximate result of any act of the Defendants. FOURTH AFFIRMATIVE DEFENSE 125. The actions of any police officers involved were justified by probable cause.

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FIFTH AFFIRMATIVE DEFENSE 126. At all times relevant to the acts alleged in the Complaint, Defendant City of New York, its agents and officials, acted reasonably in the proper and lawful exercise of their discretion. Therefore, Defendant City is entitled to governmental immunity from liability. SIXTH AFFIRMATIVE DEFENSE 127. At all times relevant to the acts alleged in the Complaint, Plaintiff was not engaged in any form of speech, which is protected by the First Amendment. SEVENTH AFFIRMATIVE DEFENSE 128. Punitive damages cannot be recovered as against the Defendant City of New York or the other Defendants and, if available, the amount of such damages shall be limited by applicable state and federal constitutional provisions, including due process, and other provisions of law. EIGHTH AFFIRMATIVE DEFENSE 129. At all times relevant to the acts alleged in the Complaint, Defendants acted reasonably in the proper and lawful exercise of their discretion. NINTH AFFIRMATIVE DEFENSE 130. Plaintiff has not complied with the conditions precedent to suit. TENTH AFFIRMATIVE DEFENSE 131. Plaintiff provoked the incidents of which she complains.

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ELEVENTH AFFIRMATIVE DEFENSE 132. Defendants have not violated any clearly established constitutional or statutory right of which a reasonable person would have known and therefore are protected by qualified immunity. TWELFTH AFFIRMATIVE DEFENSE 133. Plaintiff lacks standing to demand injunctive relief. THIRTEENTH AFFIRMATIVE DEFENSE 134. Plaintiffs claims are barred, in whole or in part, by the doctrines of waiver and estoppel. FOURTEENTH AFFIRMATIVE DEFENSE 135. Plaintiff consented to the acts about which she complains. FIFTEENTH AFFIRMATIVE DEFENSE 136. Plaintiff failed to mitigate her damages. SIXTEENTH AFFIRMATIVE DEFENSE 137. Declaratory relief is unavailable to Plaintiff as a matter of law.

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WHEREFORE, Defendants request judgment dismissing the Complaint in its entirety, together with the costs and disbursements of this action, and such other and further relief as the Court may deem just and proper. Dated: New York, New York October 31, 2005 MICHAEL A. CARDOZO Corporation Counsel of the City of New York Attorney for Defendants 100 Church Street, Room 3-211 New York, New York 10007 212-788-8342 By: /s/ Jay A. Kranis (JK 2576) Senior Counsel Special Federal Litigation Division

Jeffrey A. Dougherty (JD 5224) Assistant Corporation Counsel Special Federal Litigation Division

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Index Number 05 CV 7026 (KMK)(THK) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

KYLA HANNAH HERSHEY-WILSON, Plaintiff, -againstCITY OF NEW YORK, et al., Defendants..

ANSWER
MICHAEL A. CARDOZO Corporation Counsel of the City of New York Attorney for Defendants 100 Church Street New York, N.Y. 10007 Of Counsel: Jay A. Kranis Tel: (212) 788-8683 NYCLIS No. 05 SF 018309 Due and timely service by ECF and First Class Mail is hereby admitted. New York, N.Y. October 31, 2005 Jeffrey A. Dougherty, Esq. Attorney for Defendants

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