UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

------------------------------------------------------X

RAFAEL GONZALEZ, : 

Plaintiff, Case No. 07-CV-3335 (CLB)

: “ECF CASE”

-against- : ANSWER

:

NEW YORK STATE TROOPER THOMAS

F. KEAVENEY and Unknown Troopers :

1-5, JURY TRIAL DEMANDED

:

:

Defendants.

----------------------------------------------------- X

Defendant, New York State Trooper Thomas F. Keaveney (“Defendant”) by his attorney,

Andrew M. Cuomo, Attorney General of the State of New York, denies each and every allegation

not expressly and specifically admitted below and answers the Plaintiff’s Complaint, as follows:

1. Denies each and every allegation contained in paragraph “1” of the Complaint, except

admits that Plaintiff is attempting to bring this action against the named Defendant based on the

legal theories alleged therein.

2. Denies each and every allegation in paragraph “2” of the Complaint, except admits

that Plaintiff is attempting to bring this action pursuant to the authorities cited therein.

3. Denies knowledge and information sufficient to form a belief as to the truth of the

allegations contained in paragraph “3” of the Complaint. 

4. Admits that Defendant Thomas F. Keaveney is employed by the New York State

Police, and denies knowledge and information sufficient to form a belief as to the truth as to any of

the allegations pertaining to “Unknown Troopers 1-5” contained in paragraph “4" of the Complaint.

Case 7:07-cv-03335-CLB Document 6 Filed 08/22/2007 Page 1 of 6
2

5. Denies each and every allegation in paragraph “5" of the Complaint to the extent that

the allegations in paragraph “5" contain conclusions of law, and leave all conclusions to the

discretion of the Court. 

6. Denies each and every allegation in paragraph “6” of the Complaint to the extent that

the allegations in paragraph “6" contain conclusions of law, and leave all conclusions to the

discretion of the Court.

7. Denies knowledge and information sufficient to form a belief as to the truth of the

allegations contained in paragraph “7” of the Complaint.

8. Admits transporting Plaintiff to the State Police Tarrytown station for questioning

and denies all remaining allegations contained in paragraph “8”of the Complaint.

9. Denies each and every allegation contained in paragraph “9” of the Complaint.

10. Admits transporting Plaintiff to the State Police Tarrytown station in his police

vehicle and denies each and every remaining allegation contained in paragraph “10” of the

Complaint.

11. Denies each and every allegation contained in paragraph “11” of the Complaint.

12. Admits that Plaintiff was handcuffed while at the station and that a pat down of the

Plaintiff was conducted and denies each and every remaining allegation contained in paragraph “12”

of the Complaint.

13. Admits that Plaintiff was issued an appearance ticket and was transported to a local

hospital for treatment for injuries and denies each and every remaining allegation contained in

paragraph “13” of the Complaint.

14. Denies knowledge and information sufficient to form a belief as to the truth of the

Case 7:07-cv-03335-CLB Document 6 Filed 08/22/2007 Page 2 of 6
3

allegations contained in paragraph “14" of the Complaint.

15. With respect to the allegations contained in paragraph “15" of the Complaint, repeat

and reallege the responses set forth in paragraphs 1 through 14 above, as if fully set forth therein.

16. Denies each and every allegation contained in paragraphs “16,” “16(a),” “16(b),”

“16(c),” and “16(d)” of the Complaint.

17. Denies each and every allegation contained in paragraph “17” of the Complaint.

DEFENSES

FIRST DEFENSE

18. The Complaint fails to state a claim upon which relief can be granted.

SECOND DEFENSE

19. Plaintiff’s claims may be barred, in whole or in part, by the doctrine of res judicata

and/or by the doctrine of collateral estoppel.

THIRD DEFENSE

20. To the extent that Plaintiff asserts claims against defendant in his official capacity,

the action is barred, in whole or in part, by the Eleventh Amendment and the doctrine of sovereign

immunity.

FOURTH DEFENSE

21. Plaintiff's claims may be barred, in whole or in part, through his words, conduct

and/or actions, which estop the claims asserted in his complaint.

FIFTH DEFENSE

Case 7:07-cv-03335-CLB Document 6 Filed 08/22/2007 Page 3 of 6
4

22. Plaintiff's claims may be barred, in whole or in part, by the doctrine of laches and/or

statutes of limitations. 

SIXTH DEFENSE

23. Defendant has qualified immunity in that his conduct did not violate clearly

established law or that defendant was objectively reasonable in believing that his conduct conformed

to the law.

SEVENTH DEFENSE

24. The Court has no jurisdiction to hear any claim that Plaintiff may allege under state

law.

EIGHTH DEFENSE

25. Defendant has statutory immunity from any state law claim.

NINTH DEFENSE

26. Plaintiff fails to raise claims over which this Court has subject matter jurisdiction,

and specifically fails to raise a substantial federal question, and therefore this Court is, it is

respectfully submitted, without jurisdiction.

TENTH DEFENSE

27. Defendant at no time acted willfully or maliciously in disregard of Plaintiff’s

constitutional rights, and therefore Plaintiff is not entitled to punitive damages or other relief.

ELEVENTH DEFENSE

28. The Complaint should be dismissed because plaintiff has or had available state

judicial remedies to review the pendent state law tort claims in the New York Court of Claims.

Case 7:07-cv-03335-CLB Document 6 Filed 08/22/2007 Page 4 of 6
5

TWELFTH DEFENSE

29. The Complaint fails in that the Defendant had probable cause and arguable

probable cause for Defendant’s actions.

JURY TRIAL DEMANDED

30. Defendant requests trial by jury.

Case 7:07-cv-03335-CLB Document 6 Filed 08/22/2007 Page 5 of 6
6

WHEREFORE, answering defendant, New York State Trooper Thomas F. Keaveney

demands judgment dismissing the complaint, together with costs and disbursements and

reasonable attorney's fees, and such other and further relief as the Court may deem just and

proper.

Dated: New York, New York

August 22, 2007

Respectfully Submitted,

ANDREW M. CUOMO

Attorney General of the

 State of New York

Attorney for Defendants

By: s/ 

SABRINA JIGGETTS

Assistant Attorney General

120 Broadway, 24th Floor

New York, New York 10271

(212) 416-6082

SABRINA JIGGETTS

Assistant Attorney General

of Counsel

TO: John Cobb, Esq.

Attorney for Plaintiff

Cobb & Cobb

724 Broadway

Newburgh, NY 12550

Case 7:07-cv-03335-CLB Document 6 Filed 08/22/2007 Page 6 of 6