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THE HONORABLE JUDGE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

DOUGLAS WOOD and SANDRA KASVIK,

husband and wife,

NO. C05-5575RBL

Plaintiffs,

-vsANSWER OF DEFENDANT

KITSAP COUNTY

KITSAP COUNTY; WEST SOUND NARCOTICS

ENFORCEMENT TEAM; OFFICER MATTHEW

DOUGIL (WestNET); GIG HARBOR POLICE

DEPARTMENT; DETECTIVE JOHN DOE

SCHUSTER (WestNET) DETECTIVE JOHN

HALSTED (POULSBO POLICE DEPT. WestNET,

Badge #606); DETECTIVE G.R. MARS (WSP

STATEWIDE INCIDENT RESPONSE TEAM,

Badge #685); DETECTIVE JOHN DOE WILSON

and JOHN DOES 1-25,

Defendants.

COMES NOW the Defendant, KITSAP COUNTY, by and through its attorney, lONE S.

GEORGE, Deputy Prosecuting Attorney for Kitsap County, and by way of answer to Plaintiff s

ANSWER OF DEFENDANT KITSAP COUNTY -- 1

RUSSELL D. HAUGE

Kitsap County Prosecuting Attorney

614 Division Street, MS-35A

Port Orchard, W A 98366-4676

(360) 337-4992 Fax (360) 337-7083

Case 3:05-cv-05575-RBL Document 15 Filed 11/29/05 Page 1 of 8
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Complaint fied herein, admits, denies, and alleges as follows:

I. JURISDICTION AND VENUE

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1.1 Paragraph 1.1 states a legal conclusion(s) for which no answer is required. To the

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extent an answer is deemed required, defendant Kitsap County admits that this cour has jurisdiction

over this matter, and denies that jurisdiction is pursuant to 28 USC § 1332.

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1.2 Admit that Kitsap County is located within in the judicial district of the United States

District Cour Western District of Washington at Tacoma. Defendant Kitsap County is without

sufficient information to either admit or deny the remaining allegations contained in paragraph 1.2 of

the Complaint and therefore denies the same.

II. PARTIES

2.1. Defendant Kitsap County is without sufficient information to either admit or deny the

allegations contained in paragraph 2.1 of the Complaint and therefore denies the same.

2.2 Deny that the individually named defendants were police offcers employed by

defendant Kitsap County. Defendant Kitsap County is without sufficient information to either admit or

deny the remaining allegations contained in the first sentence paragraph 2.2 of the Compliant, and

therefore denies the same. The second sentence of paragraph 2.2 contains a term that is not defined

and/or is ambiguous, such that defendant Kitsap County has insufficient information to either admit or

deny the allegations contained therein, and therefore denies the same.

2.3 Defendant Kitsap County admits that Kitsap County is a municipal corporation

existing under the laws of the State of Washington.

2.3 Defendant Kitsap County admits that Defendant West Sound Narcotics Enforcement

Team (WestNET) is a multi-jurisdictional Drug Task Force that is not a legal entity and is not subject

ANSWER OF DEFENDANT KITSAP COUNTY -- 2

RUSSELL D. HAUGE

Kitsap County Prosecuting Attorney

614 Division Street, MS-35A

Port Orchard, W A 98366-4676

(360) 337-4992 Fax (360) 337-7083

Case 3:05-cv-05575-RBL Document 15 Filed 11/29/05 Page 2 of 8
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to suit. Admit the allegations contained in the second sentence of paragraph 2.4 of the Complaint.

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2.5 The first sentence of paragraph 2.5 states a legal assertion for which no answer is

required. Defendant Kitsap County is without sufficient information to either admit or deny the

remaining allegations contained in paragraph 2.5 ofthe Complaint, and therefore denies the same.

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2.7

2.6 Deny.

Defendant Kitsap County is without suffcient information to either admit or deny the

allegations contained in paragraph 2.7 of the Complaint, and therefore denies the same,

2.8

3.1

3.2

Deny.

III. FACTUAL ALLEGATIONS

Deny.

Deny that defendant Kitsap County took par in a raid. Defendant Kitsap County is

without suffcient information to either admit or deny the remaining allegations contained in paragraph

3.2 of the Complaint, and therefore denies the same.

3.3

3.4

3.5

Deny.

Deny.

Deny that defendant Kitsap County took par in a raid. Defendant Kitsap County is

without sufficient information to either admit or deny the remaining allegations contained in paragraph

3.5 of the Complaint, and therefore denies the same.

3.6 Defendant Kitsap County is without suffcient information to either admit or deny the

allegations contained in paragraph 3.6 of the Complaint, and therefore denies the same.

3.7 Defendant Kitsap County is without suffcient information to either admit or deny the

allegations contained in paragraph 3.7 of the Complaint, and therefore denies the same.

ANSWER OF DEFENDANT KITSAP COUNTY -- 3

RUSSELL D. HAUGE

Kitsap County Prosecuting Attorney

614 Division Street, MS-35A

Port Orchard, W A 98366-4676

(360) 337-4992 Fax (360) 337-7083

Case 3:05-cv-05575-RBL Document 15 Filed 11/29/05 Page 3 of 8
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3.8 Defendant Kitsap County is without sufficient information to either admit or deny the

allegations contained in paragraph 3.8 of the Complaint, and therefore denies the same.

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3.9 Defendant Kitsap County is without suffcient information to either admit or deny the

allegations contained in paragraph 3.9 of the Complaint, and therefore denies the same.

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Defendant Kitsap County is without sufficient information to either admit or deny the

allegations contained in paragraph 3.10 of the Complaint, and therefore denies the same.

3.11 Defendant Kitsap County is without sufficient information to either admit or deny the

allegations contained in paragraph 3.11 of the Complaint, and therefore denies the same.

3.12 Defendant Kitsap County is without suffcient information to either admit or deny the

allegations contained in paragraph 3.12 of the Complaint, and therefore denies the same.

3.13

the Complaint.

3.14

the Complaint.

4.1

Defendant Kitsap County denies that it committed the acts alleged in paragraph 3.13 of

Defendant Kitsap County denies that it committed the acts alleged in paragraph 3.14 of

iv. FIRST CAUSE OF ACTION - VIOLATION OF CIVIL RIGHTS

Defendant Kitsap County incorporates by reference and reasserts all answers previously

made to paragraphs 1.1 through 3.14 of the Complaint.

4.2 The first sentence of paragraph 4.2 of the Compliant states a legal assertion for which

no answer is required. To the extent an answer is deemed required, Defendant Kitsap County denies

the same. Defendant Kitsap County denies the remaining allegation against it as contained in

paragraph 4.2 of the Complaint.

ANSWER OF DEFENDANT KIT SAP COUNTY -- 4

RUSSELL D. HAUGE

Kitsap County Prosecutig Attorney

614 Division Street, MS-35A

Port Orchard, W A 98366-4676

(360) 337-4992 Fax (360) 337-7083

Case 3:05-cv-05575-RBL Document 15 Filed 11/29/05 Page 4 of 8
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law.

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4.3 Admit that actions, if any, by defendant Kitsap County were done under color of state

4.4 Paragraph 4.4 of the Compliant states a legal assertion for which no answer is required.

To the extent an answer is deemed required, Defendant Kitsap County denies the allegation against it

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4.5

the Complaint.

Defendant Kitsap County denies the allegation against it as contained in paragraph 4.50f

V. DAMAGES

5.1 Defendant Kitsap County is without sufficient information to either admit or deny the

allegations contained in paragraph 5.1 of the Complaint, and therefore denies the same.

5.2 Defendant Kitsap County is without sufficient information to either admit or deny the

allegations contained in paragraph 5.2 of the Complaint, and therefore denies the same.

5.3 Defendant Kitsap County is without suffcient information to either admit or deny the

allegations contained in paragraph 5.3 of the Complaint, and therefore denies the same.

5.4 Paragraph 5.4 of the Complaint sets forth a legal assertion for which no answer is

required. To the extent and answer is deemed required, Defendant Kitsap County denies the same.

Defendant Kitsap County is without suffcient information to either admit or deny the remaining

allegations contained in paragraph 5.4, and therefore denies the same.

5.5

A.

B.

Deny.

VI. PRAYER FOR JUDGMENT

Deny that plaintiffs are entitled to relief sought.

Deny that plaintiffs are entitled to relief sought.

ANSWER OF DEFENDANT KITSAP COUNTY -- 5

RUSSELL D. HAUGE

Kitsap County Prosecutig Attorney

614 Division Street, MS-35A

Port Orchard, W A 98366-4676

(360) 337-4992 Fax (360) 337-7083

Case 3:05-cv-05575-RBL Document 15 Filed 11/29/05 Page 5 of 8
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c. Deny that plaintiffs are entitled to relief sought.

D. Deny that plaintiffs are entitled to relief sought.

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VII. DEMAND FOR JURY TRIAL

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In response to paragraph VII of the Complaint, no answer is required.

Defendant denies all other allegations contained in the Complaint for Damages.

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WHEREFORE, having fully answered Plaintiffs Complaint, Defendant alleges as follows:

1. Public Duty Doctrine: Defendant alleges that under the public duty doctrine there is no

duty owed to the Plaintiffs and that Defendant is therefore not liable to the Plaintiffs as a matter oflaw.

2. Contributory Negligence: Plaintiffs' injuries or damages, if any, which are not

admitted, but are expressly denied, were proximately caused, in whole or in par, by Plaintiffs' own

conduct and/or actions.

3. Assumption of the Risk: Defendant alleges that injuries and damages, if any, claimed

by the Plaintiffs herein arise out of the condition which Plaintiffs had knowledge and to which

Plaintiffs voluntarily subjected herself.

4. Reasonable Exercise of Discretion and Judgment: All actions herein alleged against

Defendant manifests a reasonable exercise of judgment and discretion authorized to public officers in

the exercise of governental authority entrusted to them by law, and are neither tortous nor

actionable.

5. Good Faith: Defendant acted in good faith.

6. Failure to State a Claim: Plaintiffs' Complaint, in whole or in par, fails to state a claim

upon which relief may be granted.

7. Failure to Mitigate: Plaintiffs have failed to mitigate their damages, if any.

ANSWER OF DEFENDANT KITSAP COUNTY -- 6

RUSSELL D. HAUGE

Kitsap County Prosecuting Attorney

6 I 4 Division Street, MS-35A

Port Orchard, W A 98366-4676

(360) 337-4992 Fax (360) 337-7083

Case 3:05-cv-05575-RBL Document 15 Filed 11/29/05 Page 6 of 8
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8. Statue of Limitations.

9. Reservation of Rights: Defendant reserve the right to assert additional affrmative

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defenses as established by the facts in this case.

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WHEREFORE, Defendant prays for the following relief:

1. That Plaintiffs Complaint be dismissed with prejudice and plaintiff takes nothing thereby.

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2. For judgment against the plaintiff in favor of the defendant for attorneys' fees and costs.

3. For other relief as the cour deems just and equitable.

DATED this 29th day of November, 2005.

RUSSELL D. HAUGE

Kitsap County Prosecuting Attorney

lONE S. GEORGE

L-x~

WSBA No. 18236

Deputy Prosecuting Attorney

Attorney for Defendant Kitsap County

ANSWER OF DEFENDANT KITSAP COUNTY -- 7

RUSSELL D. HAUGE

Kitsap County Prosecuting Attorney

614 Division Street, MS-35A

Port Orchard, W A 98366-4676

(360) 337-4992 Fax (360) 337-7083

Case 3:05-cv-05575-RBL Document 15 Filed 11/29/05 Page 7 of 8
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DECLARATION OF SERVICE

I hereby certify that on November 29,2005, I presented the foregoing to the Clerk of the Court

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for filing and uploading to the CMlCF system which wil send notification of such filing to the

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following:

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Mark Leemon

Leemon & Royer PLLC

2505 Second Avenue, Suite 610

Seattle, WA 98121

leemon(fleerovlaw.com

Jason Marc Rosen

Robert Leslie Christie

Christie Law Group PLLC

220 West Mercer Street, Suite W411

Seattle, W A 98119

J ason(fchristielawgroup.com

bob(fchrisitieiáwgroup.com

EXECUTED this 29th day of No v Port Orchard, Washington.

ANSWER OF DEFENDANT KITSAP COUNTY -- 8

RUSSELL D. HAUGE

Kitsap County Prosecuting Attorney

614 Division Street, MS-35A

Port Orchard, W A 98366-4676

(360) 337-4992 Fax (360) 337-7083

Case 3:05-cv-05575-RBL Document 15 Filed 11/29/05 Page 8 of 8