IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

FITZ GREEN : CIVIL ACTION

v. :

CITY OF PHILADELPHIA : NO. 02-CV-4433

And :

EVELYN WHITE :

CITY OF PHILADELPHIA'S ANSWER TO PLAINTIFF'S COMPLAINT WITH

AFFIRMATIVE DEFENSES AND CROSSCLAIM DIRECTED AGAINST

EVELYN WHITE

INTRODUCTION

On June 30, 2000, Police Officer Williams, Badge Number 4314 and Police Officer

Whitaker responded to a radio call of disturbance at 6830 North 18th Street. The complainant

was Evelyn White. While on location the officers observed a handgun that was confiscated

pending investigation. The gun was returned after a record's check indicated that the gun was

lawfully registered and owned by Evelyn White. On July 4, 2000, investigation reveals that

Police Officer Eiland, badge number 3108 responded to a radio call for aggravated assault.

Upon arrival, Officer Eiland found Fitz Green with a gunshot wound to his right leg. According

to Ms. White and a Ms. Lavernia Williams, Ms. White shot Mr. Green in self-defense. Ms.

White was thereafter arrested and charged with aggravated assault. The Detective assigned to

this matter was Detective Swinton, badge number 9001.

JURISDICTION

1. Denied in part. It is denied that Ms. White acted under color of state law. It is denied

that a municipal employee or a municipality can be liable under the 5th Amendment. It is

admitted that jurisdiction is proper.

VENUE

2. Admitted.

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PARTIES

3. Admitted.

4. Based upon reasonable investigation this allegation cannot be admitted or denied.

5. Based upon reasonable investigation this allegation cannot be admitted or denied.

6. Denied. All allegations addressed to Doe Defendants are denied. Moreover, this attorney

and his Law Office do not represent any fictitious party.

7. Denied. All allegations addressed to Doe Defendants are denied. Moreover, this attorney

and his Law Office do not represent any fictitious party.

FACTS

8. Admitted in part. It is admitted that Ms. White shot plaintiff in the leg. Based upon

reasonable investigation the remaining allegations concerning any prior incident

involving gun threats between the plaintiff and Ms. White cannot be admitted or denied.

9. Denied. On June 30, 2000, Police Officer Williams, Badge Number 4314 and Police

Officer Whitaker responded to a radio call of disturbance at 6830 North 18th Street. The

complainant was Evelyn White. While on location the officers observed a handgun that

was confiscated pending investigation. The gun was returned after a record's check

indicated that the gun was lawfully registered and owned by Evelyn White. On July 4,

2000, investigation reveals that Police Officer Eiland, badge number 3108 responded to a

radio call for aggravated assault. Upon arrival, Officer Eiland found Fitz Green with a

gunshot wound to his right leg. According to Ms. White and a Ms. Lavernia Williams,

Ms. White shot Mr. Green in self-defense. Ms. White was thereafter arrested and charged

with aggravated assault. The Detective assigned to this matter was Detective Swinton,

badge number 9001.

COUNT I-GREEN V. CITY OF PHILADELPHIA AND

JOHN DOE I AND JOHN DOE II

The City of Philadelphia hereby incorporates by reference it answers to Introduction through

paragraph 9 as though fully set forth at length.

10. Denied.

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11. Denied.

12. Denied.

13. Denied.

14. Denied. All allegations addressed to Doe Defendants are denied. Moreover, this attorney

and his Law Office do not represent any fictitious party.

15. Denied. The officers that responded to the call on June 30th were not the same officers

that responded to the call on July 4th therefore said allegations are denied. The remaining

allegations are also denied.

16. Denied. All allegations addressed to Doe Defendants are denied. Moreover, this attorney

and his Law Office do not represent any fictitious party. And, these allegations are denied

as untrue.

17. Denied. Denied. The officers that responded to the call on June 30th were not the same

officers that responded to the call on July 4th therefore said allegations are denied. The

remaining allegations are also denied.

18. Denied.

19. Denied.

20. Denied.

21. Denied.

22. Denied.

23. Denied.

COUNT II-GREEN V. CITY OF PHILADELPHIA

The City of Philadelphia hereby incorporates by reference it answers to Introduction

through paragraph 23 as though fully set forth at length.

24. Denied. It is denied that the City of Philadelphia caused the plaintiff's injuries.

COUNT III-GREEN V. WHITE

The City of Philadelphia hereby incorporates by reference it answers to Introduction

through paragraph 24 as though fully set forth at length.

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25. All allegations addressed to White are denied.

26. All allegations addressed to White are denied.

WHEREFORE, the City of Philadelphia respectfully requests that judgment be entered in

its favor.

AFFIRMATIVE DEFENSES

1. It is averred that Plaintiffs have failed to state a claim under 42 U.S.C. §1983 upon which

relief can be granted.

2. Answering defendants assert all of the defenses, immunities, and limitations of damages

available to them under the Political Subdivision Tort Claims Act, and aver that the

Plaintiffs' remedies are limited exclusively thereto. Act of Oct. 5, 1980, No. 142, P.L.

693, 42 Pa. C.S.A. §8541 et seq.

COUNTERCLAIM DIRECTED AGAINST EVELYN WHITE

1. The City of Philadelphia hereby incorporates by reference the allegations set forth in

Plaintiff’s Complaint as though set forth at length.

2. Defendant White failed to exercise reasonable in the use of her firearm.

3. The injuries sustained by the plaintiff were solely caused by the negligence of Ms. White.

WHEREFORE, City of Philadelphia demands judgment in its favor and against Evelyn

White by way of contribution for all sums paid by City of Philadelphia or its employees

as a result of verdict or settlement and attorney’s fees and costs expended in the defense

of this action, plus interest.

Date: August 9, 2002

_______________________

JEFFREY SCOTT

Divisional Deputy City Solicitor

City of Philadelphia Law Department

1515 Arch Street, 14th Floor

Philadelphia, PA 19102

(215) 683-5439

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CERTIFICATE OF SERVICE

I, Jeffrey Scott, do hereby certify that service of a true and correct copy of the

Defendants’ Answer to Plaintiffs’ Complaint with Federal Defenses and Crossclaim has been

served upon the following individual by regular mail, August 9, 2002

TO: Robert Land, Esquire Ms. Evelyn White

The Curtis Center 1439 S. Napa Street

601 Walnut Street Philadelphia, PA 19146

Suite 160 West

Philadelphia, PA 19106

Date: August 9, 2002

_______________________

JEFFREY SCOTT

Divisional Deputy City Solicitor

City of Philadelphia Law Department

1515 Arch Street, 14th Floor

Philadelphia, PA 19102

(215) 683-5439

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