IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ANGELA DENISE NAILS, *

*

PLAINTIFF, * 1:06-CV-00737.WKW

*

vs. *

*

DOTHAN RESCUE MISSION, *

*

DEFENDANT. *

ANSWER TO PLAINTIFF S COMPLAINT

AND AMENDED COMPLAINT

THE DEFENDANT, Dothan Rescue Mission, answers to the

Plaintiff s Complaint and Amended Complaint and asserts

various affirmative defenses as follows:

1

st Defense

Defendant pleads the general issue, denies that it is

guilty of the things and matters alleged, and demands strict

proof of all allegations and inferences contained in the

Complaint and Amended Complaint.

2

nd Defense

Defendant denies that it is indebted in any way to

Plaintiff and demands strict proof.

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3

rd Defense

Defendant moves to dismiss the Complaint and Amended

Complaint because the Plaintiff has failed to state a claim

for which relief can be granted.

a. Section 28 of the Urban Development and Housing

Act (UDHA) does not apply to the Defendant. The UDHA is a

law of the Republic of the Phillippines. (Republic Act No.

7279). Laws of the Phillippines are not controlling in the

United States.

b. The Defendant is a totally privately funded

organization. Defendant receives no federal, state or local

funding of any sort. As a result, the Stewart B. McKinney

Homeless Assistance Act does not apply.

c. The Defendant is not a state actor. The First

Amendment freedom of assemblage clause and the due process

clauses apply only to state actors. The First Amendment

provides the Plaintiff protection only against the acts of

state actors. 

d. The Defendant is a religious organization and

therefore is exempt from 42 U.S.C. 12181.

e. The Defendant barred the Plaintiff from the Dothan

Rescue Mission for non-discriminatory reasons.

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4

th Defense

The Defendant questions whether this Court has

appropriate and proper subject matter jurisdiction. The

various statutes the Plaintiff cites or alludes to do not

apply to Defendant, or Defendant is exempt from such, and

therefore, federal question jurisdiction appears lacking. 

Plaintiff resides in Alabama and therefore diversity

jurisdiction does not appear to exist. 

5

th Defense

The Defendant pleads the applicable statutes of

limitation.

Defendant reserves the right to amend this pleading,

and to add other defenses, should the appropriateness of

such become apparent during discovery.

HARDWICK, HAUSE, SEGREST & WALDING

BY: /s/ Kevin Walding 

Kevin Walding (WAL036)

ASB-8121-I-69J

Attorney for Defendant

Post Office Box 1469

Dothan, Alabama 36302

Phone: (334) 794-4144

Fax: (334) 671-9330

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CERTIFICATE OF SERVICE

I hereby certify that, this date, I have served a copy

of this document on the Plaintiff by placing same in the

United States Mail in a properly addressed envelope with

prepaid postage.

Angela Denise Nails

342 South Saint Andrews Street

Apartment 808

Dothan, Alabama 36301

This the 10th day of October, 2006. 

 /s/ Kevin Walding 

Of Counsel

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