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Ed Hendricks, Jr. (016539)

ed@hendricksmurphy.com

David W. Cowles (021034)

david@hendricksmurphy.com

HENDRICKS MURPHY, PLLC

3101 North Central Avenue, Suite 970

Phoenix, Arizona 85012

(602) 604-2190

Attorneys for John and Christine Shea

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Jenifer Anderson, a single woman; L.A., a 

single woman,

Plaintiff-Relator,

v.

Mesa Public School District, et al.,

Defendants.

No. CV-18-00692-PHX-DJH

THE SHEA DEFENDANTS’

ANSWER

Answering the Complaint, the Shea Defendants admit, deny, and 

affirmatively allege as follows: 

1. Deny that this is a wrongful death action under A.R.S. § 12-611 et seq.; 

admit that the Complaint contains counts under 42 U.S.C. § 1983 et seq., 20 U.S.C. § 

1681 et seq., the U.S. Constitution, and Arizona common law; deny the remaining 

allegations, including the allegation that this action is based on any actual violations 

of Constitutional, statutory, or common law.

2. Deny that the Shea Defendants caused any damages; lack information 

sufficient to form a belief as to the truth of the allegation.

3. Lack information sufficient to form a belief as to the truth of the 

allegation.

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4. Deny that the events had primary effect in Pinal County; deny any 

wrongdoing; admit the Court has subject matter jurisdiction over this action.

5. Deny.

6. Lack information sufficient to form a belief as to the truth of the 

allegation.

7. Lack information sufficient to form a belief as to the truth of the 

allegation.

8. Lack information sufficient to form a belief as to the truth of the 

allegation.

9. Admit that John Shea knows L.A. because she attended school at 

Skyline; admit that L.A attended Skyline for high school for her entire high school 

career beginning in the 2013-2014 school year; deny the remaining allegations; deny 

all allegations as to Christine Shea.

10. Deny that it is proper to protect the identity of L.A.; affirmatively allege 

that L.A. reached the age of majority prior to the filing of the Complaint.

11. Admit that the District is a political subdivision of the state of Arizona.

12. Lack information sufficient to form a belief as to the truth of the 

allegation.

13. Lack information sufficient to form a belief as to the truth of the 

allegation.

14. Lack information sufficient to form a belief as to the truth of the 

allegation.

15. Lack information sufficient to form a belief as to the truth of the 

allegation.

16. Lack information sufficient to form a belief as to the truth of the 

allegation.

17. Lack information sufficient to form a belief as to the truth of the 

allegation.

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18. Lack information sufficient to form a belief as to the truth of the 

allegation.

19. Lack information sufficient to form a belief as to the truth of the 

allegation.

20. Lack information sufficient to form a belief as to the truth of the 

allegation.

21. Lack information sufficient to form a belief as to the truth of the 

allegation.

22. Lack information sufficient to form a belief as to the truth of the 

allegation.

23. Lack information sufficient to form a belief as to the truth of the 

allegation.

24. Lack information sufficient to form a belief as to the truth of the 

allegation.

25. Lack information sufficient to form a belief as to the truth of the 

allegation.

26. Lack information sufficient to form a belief as to the truth of the 

allegation.

27. Admit that the Shea Defendants are married; admit that at all relevant 

times they resided in Maricopa County; deny that at all relevant times Shea was 

employed by the District.

28. Lack information sufficient to form a belief as to the truth of the 

allegation.

29. Lack information sufficient to form a belief as to the truth of the 

allegation.

30. Lack information sufficient to form a belief as to the truth of the 

allegation.

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31. Deny as to John Shea and Christine Shea; lack information sufficient to 

form a belief as to the truth of the remaining allegations

32. Deny as to Christine Shea; admit that John Shea worked for the 

District until April 6, 2017, when he resigned.

33. Deny because this paragraph asserts a legal conclusion to which no 

response is required.

34. Lack information sufficient to form a belief as to the truth of the 

allegation.

35. Deny that the Shea Defendants caused any damages to Plaintiffs; lack 

information sufficient to form a belief as to the truth of the remaining allegations.

36. Admit.

37. Deny.

38. Admit.

39. Lack information sufficient to form a belief as to the truth of the 

allegation.

40. Lack information sufficient to form a belief as to the truth of the 

allegation.

41. Lack information sufficient to form a belief as to the truth of the 

allegation.

42. Lack information sufficient to form a belief as to the truth of the 

allegation.

43. Admit that Skyline hired Schulz as Athletic Director; lack information 

sufficient to form a belief as to the truth of the remaining allegations.

44. Admit that Shea was hired to coach football beginning in the 2012-2013 

academic year; admit that he also coached girls’ track and field; deny the remaining 

allegations.

45. Lack information sufficient to form a belief as to the truth of the 

allegation.

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46. Deny.

47. Admit.

48. Admit.

49. Admit that Shea was a coach on the girls’ track and field team; admit 

that Shea was one of L.A.’s coaches and trainers; deny the remaining allegations.

50. Lack information sufficient to form a belief as to the truth of the 

allegation.

51. Admit that L.A. excelled at athletics; lack information sufficient to form 

a belief as to the truth of the remaining allegations.

52. Deny; affirmatively allege that by denying, the Shea Defendants do not 

mean that L.A. did have an idea of what the future held for her; lack information 

sufficient to form a belief as to what ideas L.A. had or did not have.

53. Lack information sufficient to form a belief as to the truth of the 

allegation.

54. Lack information sufficient to form a belief as to the truth of the 

allegation.

55. Lack information sufficient to form a belief as to the truth of the 

allegation.

56. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that Shea belittled Underwood.

57. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that there was no harassment.

58. Deny.

59. Admit that Shea sometimes drove L.A. to school and occasionally drove 

her home from school; admit that he sometimes provided lunch for L.A. and others, 

and attended some of her extracurricular activities; deny the remaining allegations.

60. Deny.

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61. Admit that Shea and L.A. exchanged text messages; deny the 

remaining allegations.

62. Admit that Shea on one occasion took L.A. to see the chiropractor used 

by the school; affirmatively allege that L.A. spoke to Jenifer about this at the time 

because Jenifer’s consent was required by the chiropractor before treatment; deny 

the remaining allegations.

63. Admit that L.A. babysat Shea’s daughter; admit that on two occasions

L.A. rode with Shea to Shea’s son’s baseball game; deny the remaining allegations.

64. Deny.

65. Deny that Shea “put his hands on” L.A. during her workouts; admit 

that the only physical contact was that required for proper spotting and partnerstretching; deny the remaining allegations.

66. Lack information sufficient to form a belief as to the truth of the 

allegation.

67. Lack information sufficient to form a belief as to the truth of the 

allegation.

68. Lack information sufficient to form a belief as to the truth of the 

allegation.

69. Lack information sufficient to form a belief as to the truth of the 

allegation.

70. Lack information sufficient to form a belief as to the truth of the 

allegation.

71. Lack information sufficient to form a belief as to the truth of the 

allegation.

72. Lack information sufficient to form a belief as to the truth of the 

allegation.

73. Lack information sufficient to form a belief as to the truth of the 

allegation.

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74. Deny.

75. Deny.

76. Lack information sufficient to form a belief as to the truth of the 

allegation.

77. Lack information sufficient to form a belief as to the truth of the 

allegation.

78. Deny.

79. Deny.

80. Deny.

81. Admit that their friendship grew, and at some time, L.A. texted Shea 

that she loved him; that Shea responded in kind; deny that Shea “began” this.

82. Deny. 

83. Deny.

84. Admit that during that time, L.A. and Shea met up occasionally; deny

the remaining allegations.

85. Admit.

86. Deny.

87. Admit that L.A. and Shea held hands from time to time in the car; deny 

the remaining allegations.

88. Admit that Shea vacationed in Mexico that summer; deny the 

remaining allegations.

89. Deny.

90. Lack information sufficient to form a belief as to the truth of the 

allegation.

91. Deny.

92. Deny that it occurred; lack information sufficient to form a belief as to 

the truth of the remaining allegations.

93. Deny.

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94. Deny.

95. Deny; affirmatively allege that in denying, the Shea Defendants mean: 

there were no “overtures” and thus no overtures that could have been obvious or not 

and nothing to be “clearly not lost on” or “not clearly lost on” school employees.

96. Lack information sufficient to form a belief as to the truth of the 

allegation.

97. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that there was no improper contact. 

98. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that there was no improper contact. 

99. Lack information sufficient to form a belief as to the truth of the 

allegation.

100. Lack information sufficient to form a belief as to the truth of the 

allegation.

101. Deny that there was any actual evidence of sexual harassment; deny 

that there was any sexual harassment; lack information sufficient to form a belief as 

to the truth of the remaining allegations.

102. Lack information sufficient to form a belief as to the truth of the 

allegation.

103. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that Shea never had improper physical contact with 

L.A.

104. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that Shea never had improper physical contact with 

L.A.

105. Lack information sufficient to form a belief as to the truth of the 

allegation.

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106. Lack information sufficient to form a belief as to the truth of the 

allegation.

107. Lack information sufficient to form a belief as to the truth of the 

allegation.

108. Lack information sufficient to form a belief as to the truth of the 

allegation.

109. Lack information sufficient to form a belief as to the truth of the 

allegation.

110. Lack information sufficient to form a belief as to the truth of the 

allegation.

111. Lack information sufficient to form a belief as to the truth of the 

allegation.

112. Lack information sufficient to form a belief as to the truth of the 

allegation.

113. Lack information sufficient to form a belief as to the truth of the 

allegation.

114. Lack information sufficient to form a belief as to the truth of the 

allegation.

115. Lack information sufficient to form a belief as to the truth of the 

allegation.

116. Lack information sufficient to form a belief as to the truth of the 

allegation.

117. Lack information sufficient to form a belief as to the truth of the 

allegation.

118. Lack information sufficient to form a belief as to the truth of the 

allegation.

119. Lack information sufficient to form a belief as to the truth of the 

allegation.

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120. Lack information sufficient to form a belief as to the truth of the 

allegation.

121. Deny.

122. Deny.

123. Lack information sufficient to form a belief as to the truth of the 

allegation.

124. Lack information sufficient to form a belief as to the truth of the 

allegation.

125. Lack information sufficient to form a belief as to the truth of the 

allegation.

126. Lack information sufficient to form a belief as to the truth of the 

allegation.

127. Lack information sufficient to form a belief as to the truth of the 

allegation.

128. Lack information sufficient to form a belief as to the truth of the 

allegation.

129. Lack information sufficient to form a belief as to the truth of the 

allegation.

130. Lack information sufficient to form a belief as to the truth of the 

allegation.

131. Lack information sufficient to form a belief as to the truth of the 

allegation.

132. Deny that there was any sexual harassment occurring; lack information 

sufficient to form a belief as to the truth of the remaining allegations.

133. Lack information sufficient to form a belief as to the truth of the 

allegation.

134. Deny that L.A.’s life was ruined; lack information sufficient to form a 

belief as to the truth of the remailing allegations.

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135. Lack information sufficient to form a belief as to the truth of the 

allegation

136. Lack information sufficient to form a belief as to the truth of the 

allegation.

137. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that Shea has no access to any of those text 

messages.

138. Lack information sufficient to form a belief as to the truth of the 

allegation.

139. Lack information sufficient to form a belief as to the truth of the 

allegation.

140. Lack information sufficient to form a belief as to the truth of the 

allegation.

141. Lack information sufficient to form a belief as to the truth of the 

allegation.

142. Lack information sufficient to form a belief as to the truth of the 

allegation.

143. Lack information sufficient to form a belief as to the truth of the 

allegation.

144. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that the allegation is vague and therefore incapable 

of a definite answer.

145. Deny.

146. Lack information sufficient to form a belief as to the truth of the 

allegation.

147. Admit that Shea helped L.A. in L.A.’s pursuit of a scholarship; deny the 

remaining allegations.

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148. Lack information sufficient to form a belief as to the truth of the 

allegation.

149. Lack information sufficient to form a belief as to the truth of the 

allegation.

150. Admit that Shea texted L.A. twice during the police department’s 

interview of L.A.; affirmatively allege that (a) Shea had no idea L.A. would have or 

was having such an interview; (b) the proofs of the athletic wear and logo had just 

come in; L.A. was one of the captains of the team; (c) Shea texted her because he 

wanted her to see the new material; (d) L.A. ordinarily responded quickly, so when 

Shea did not get a response, he texted again; deny the remaining allegations.

151. Admit; affirmatively allege that (a) Shea had no idea L.A. would have 

or was having such an interview; (b) the proofs of the athletic wear and logo had just 

come in; L.A. was one of the captains of the team; (c) Shea texted her because he 

wanted her to see the new material; (d) L.A. ordinarily responded quickly, so when 

Shea did not get a response.

152. Admit; affirmatively allege that (a) Shea had no idea L.A. would have 

or was having such an interview; (b) the proofs of the athletic wear and logo had just 

come in; L.A. was one of the captains of the team; (c) Shea texted her because he 

wanted her to see the new material; (d) L.A. ordinarily responded quickly, so when 

Shea did not get a response.

154. Lack information sufficient to form a belief as to the truth of the 

allegation.

155. Lack information sufficient to form a belief as to the truth of the 

allegation.

156. Lack information sufficient to form a belief as to the truth of the 

allegation.

157. Lack information sufficient to form a belief as to the truth of the 

allegation.

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158. Lack information sufficient to form a belief as to the truth of the 

allegation.

159. Lack information sufficient to form a belief as to the truth of the 

allegation.

160. Lack information sufficient to form a belief as to the truth of the 

allegation.

161. Lack information sufficient to form a belief as to the truth of the 

allegation.

162. Lack information sufficient to form a belief as to the truth of the 

allegation.

163. Lack information sufficient to form a belief as to the truth of the 

allegation.

164. Admit that Skyline had some difficult years with respect to athletics; 

deny the remaining allegations.

165. Admit that Skyline began winning and competing for state 

championships; deny the remaining allegations; affirmatively allege that Shea did 

not sexually harass L.A.

166. Lack information sufficient to form a belief as to the truth of the 

allegation.

167. Admit.

168. Admit.

169. Admit.

170. Admit.

171. Admit.

172. Lack information sufficient to form a belief as to the truth of the 

allegation.

173. Lack information sufficient to form a belief as to the truth of the 

allegation.

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174. Deny that Shea was allowed or encouraged to intimidate, belittle, or 

harass teachers and staff members who made complaints; lack information sufficient 

to form a belief as to the truth of the remaining allegations.

175. Lack information sufficient to form a belief as to the truth of the 

allegation.

176. Affirmatively allege that there was no appalling or abhorrent behavior 

on the part of Shea; lack information sufficient to form a belief as to the truth of the 

remaining allegations.

177. Lack information sufficient to form a belief as to the truth of the 

allegation.

178. Lack information sufficient to form a belief as to the truth of the 

allegation.

179. Lack information sufficient to form a belief as to the truth of the 

allegation.

180. Lack information sufficient to form a belief as to the truth of the 

allegation.

181. Lack information sufficient to form a belief as to the truth of the 

allegation.

182. Lack information sufficient to form a belief as to the truth of the 

allegation.

183. Lack information sufficient to form a belief as to the truth of the 

allegation.

184. Lack information sufficient to form a belief as to the truth of the 

allegation.

185. Lack information sufficient to form a belief as to the truth of the 

allegation.

186. Lack information sufficient to form a belief as to the truth of the 

allegation.

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187. Lack information sufficient to form a belief as to the truth of the 

allegation.

188. Admit that Shea resigned; deny the remaining allegations.

189. Lack information sufficient to form a belief as to the truth of the 

allegation.

190. Lack information sufficient to form a belief as to the truth of the 

allegation.

191. Lack information sufficient to form a belief as to the truth of the 

allegation.

192. Lack information sufficient to form a belief as to the truth of the 

allegation.

193. Lack information sufficient to form a belief as to the truth of the 

allegation.

194. Admit that Shea worked for the District until April 6, 2017; lack 

information sufficient to form a belief as to the truth of the remaining allegations.

195. The Shea defendants incorporate their responses given above.

196. Count I does not apply to the Shea Defendants.

197. Count I does not apply to the Shea Defendants.

198. Count I does not apply to the Shea Defendants.

199. Count I does not apply to the Shea Defendants.

200. Count I does not apply to the Shea Defendants.

201. Count I does not apply to the Shea Defendants.

201. Count I does not apply to the Shea Defendants.

203. Count I does not apply to the Shea Defendants.

204. Count I does not apply to the Shea Defendants.

205. The Shea Defendants incorporate their responses given above. The 

Shea Defendants affirmatively allege that official-capacity suits filed against state 

officials are just alternate ways of pleading an action against the state entity, which 

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is a party to this action. Moreover, a state official sued in his official capacity is not 

a “person” for purposes of § 1983. Accordingly, this Count is not a count against 

Shea in his official capacity. To the extent Shea is being sued in his individual 

capacity, the Shea Defendants respond as follows:

206. Deny because this paragraph asserts a legal conclusion to which no 

response is required; affirmatively allege that because the allegations of the 

Complaint are vague, the Shea Defendants lack sufficient information about the 

allegations to respond.

207. Deny because this paragraph asserts a legal conclusion to which no 

response is required.

208. Deny because this paragraph asserts a legal conclusion to which no 

response is required.

209. Deny because this paragraph asserts a legal conclusion to which no 

response is required.

210. Deny that Shea or any Defendant created any danger; deny the 

remaining allegations because they assert legal conclusions to which no response is 

required.

211. Deny.

212. Deny.

213. The Shea Defendants incorporate their responses given above.

214. Lack information sufficient to form a belief as to the truth of the 

allegation; affirmatively allege that because the allegations of the Complaint are 

vague, the Shea Defendants lack information about the allegations sufficient to 

respond.

215. Lack information sufficient to form a belief as to the truth of the 

allegation.

216. Deny.

217. Deny.

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218. Deny.

219. The Shea Defendants incorporate their responses given above.

220. Deny.

221. Deny.

222. Deny.

223. The Shea Defendants incorporate their responses given above.

224. Deny because this paragraph asserts a legal conclusion to which no 

response is required.

225. Deny because this paragraph asserts a legal conclusion to which no 

response is required.

226. Deny.

227. Deny.

228. The Shea Defendants incorporate their responses given above.

229. Deny.

230. Deny.

231. Deny.

232. Deny.

233. Deny because the paragraph asserts a legal conclusion to which no 

response is necessary; affirmatively allege that the Complaint is vague, making this 

allegation incapable of a definite answer.

234. Deny because the paragraph asserts a legal conclusion to which no 

response is necessary; affirmatively allege that the Complaint is vague, making this 

allegation incapable of a definite answer.

235. Deny.

236. Deny.

237. Deny.

238. Deny.

239. The Shea Defendants incorporate their responses given above.

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240. Deny.

241. Deny.

242. Deny.

243. Deny.

244. Deny.

245. Deny because the paragraph asserts a legal conclusion to which no 

response is required; affirmatively allege that the Complaint is vague, making this 

allegation incapable of a definite answer.

246. Deny.

247. The Shea Defendants incorporate their responses given above.

248. Deny.

249. Deny.

250. Deny.

251. Deny.

252. Deny.

253. Deny.

254. Deny.

255. The Shea Defendants incorporate their responses given above.

256. Deny because this paragraph asserts a legal conclusion to which no 

response is required; affirmatively allege that the Complaint is vague, making this 

allegation incapable of a definite answer.

257. Deny.

258. Deny.

259. The Shea Defendants incorporate their responses given above.

260. Count X does not apply to Shea.

261. Count X does not apply to Shea.

262. Count X does not apply to Shea.

263. Count X does not apply to Shea.

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264. Count X does not apply to Shea.

265. Count X does not apply to Shea.

266. The Shea Defendants incorporate their responses given above.

267. Deny.

268. Deny.

269. Deny.

270. Deny.

271. Deny because this paragraph asserts a legal conclusion to which no 

response is required; affirmatively allege that the Complaint is vague, making this 

allegation incapable of a definite answer.

272. Deny.

273. The Shea Defendants incorporate their responses given above.

274. Deny.

275. Deny.

276. Deny.

277. Deny.

278. The Shea Defendants incorporate their responses given above.

279. Deny.

280. Deny.

281. The Shea Defendants incorporate their responses given above.

282. Deny because this paragraph asserts a legal conclusion to which no 

response is required; affirmatively allege that the Complaint is vague, making this 

allegation incapable of a definite answer.

283. Admit that 42 U.S.C. § 1985(3) states:

If two or more persons in any State or Territory conspire or go in disguise on 

the highway or on the premises of another, for the purpose of depriving, either 

directly or indirectly, any person or class of persons of the equal protection of 

the laws, or of equal privileges and immunities under the laws; or for the 

purpose of preventing or hindering the constituted authorities of any State or 

Territory from giving or securing to all persons within such State or Territory 

the equal protection of the laws; or if two or more persons conspire to prevent 

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by force, intimidation, or threat, any citizen who is lawfully entitled to vote, 

from giving his support or advocacy in a legal manner, toward or in favor of 

the election of any lawfully qualified person as an elector for President or Vice 

President, or as a Member of Congress of the United States; or to injure any 

citizen in person or property on account of such support or advocacy; in any 

case of conspiracy set forth in this section, if one or more persons engaged 

therein do, or cause to be done, any act in furtherance of the object of such 

conspiracy, whereby another is injured in his person or property, or deprived of 

having and exercising any right or privilege of a citizen of the United States, 

the party so injured or deprived may have an action for the recovery of 

damages occasioned by such injury or deprivation, against any one or more of 

the conspirators;

deny the remaining allegations.

284. Deny.

285. Deny.

286. Deny.

287. No response required.

288. The Shea Defendants deny each allegation not expressly admitted

above.

289. The Shea Defendants deny that Plaintiffs are entitled to any relief 

prayed for in their Complaint.

AFFIRMATIVE DEFENSES

The Shea Defendants assert the following affirmative defenses: failure to 

comply with the requirements of A.R.S. § 12-821.01; failure to timely file under 

A.R.S. § 12-821; A.R.S. § 12-820.04; failure to state a claim under which relief may 

be granted for a variety of reasons, including but not limited to: (i) the Complaint

does not comply with Rule 8(a) and is thus subject to a motion for more definite 

statement under Rule 12(e), and (ii) the Complaint is subject to a motion to strike 

under Rule 12(f)(1) and 12(f)(2); standing; absolute immunity; and qualified 

immunity. 

RELIEF SOUGHT

Having answered Plaintiffs’ Complaint, the Shea Defendants respectfully ask 

the Court to:

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A. Dismiss Plaintiffs’ Complaint and award Plaintiffs nothing;

B. Award the Shea Defendants their costs and reasonable attorneys’ fees 

allowed by statute, including 42 U.S.C. § 1988(b); and

C. Grant the Shea Defendants any additional relief the Court deems just.

RESPECTFULLY SUBMITTED this 20th day of April 2018.

HENDRICKS MURPHY PLLC

By /s/ Ed Hendricks, Jr.

Ed Hendricks, Jr.

David W. Cowles

3101 North Central Avenue, Suite 970

Phoenix, Arizona 85012

Attorneys for the Shea Defendants

CERTIFICATE OF SERVICE

I hereby certify that on this 20th day of April 2018, I caused the foregoing 

document to be filed electronically with the Clerk of Court through the CM/ECF 

System for filing and service on counsel of record via the Court’s CM/ECF system.

/s/ David W. Cowles

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