Case 3:16-cv-00023-DHB-BKE Document 16 Filed 06/15/16 Page 1 of 24

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
TERESA POPE HOOKS, individually
and ESTATE OF DAVID HOOKS,
by Teresa Pope Hooks, Administratrix
Plaintiffs,
v.
CHRISTOPHER BREWER,
in his individual capacity, STEVE
VERTIN, in his individual capacity,
WILLIAM BILL HARRELL,
in his individual capacity, and
RANDALL DELOACH,
in his individual capacity,
Defendants.

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CIVIL ACTION FILE NO.:

3:16-CV-00023-DHB-BKE

DEFENDANTS ANSWER AND DEFENSES TO PLAINTIFFS

COMPLAINT
COME NOW, Defendants Christopher Brewer, Steve Vertin, William Bill
Harrell and Randall Deloach (hereinafter Defendants), and file this, their Answer
and Defenses to Plaintiffs Complaint for Injury Before Death, for Wrongful Death
and Wrongful Arrest (hereinafter Plaintiffs Complaint):
FIRST DEFENSE
Plaintiffs Complaint, in whole or in part, fails to state a claim against
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Defendants upon which relief may be granted.

SECOND DEFENSE
Plaintiffs claims against Defendants are barred by the doctrines of Eleventh
Amendment immunity, qualified immunity, official/governmental immunity and
sovereign immunity.
THIRD DEFENSE
Any alleged unlawful act or omission of Defendants, which alleged unlawful
act or omission Defendants specifically deny, was not the proximate cause of any
alleged damages or injury suffered by Plaintiffs.
FOURTH DEFENSE
Defendants are not liable to Plaintiffs in any amount because Defendants did
not in any way deprive Plaintiffs of any right, privilege or immunity secured by the
Constitution or federal/state law as alleged in the Plaintiffs Complaint or
otherwise.
FIFTH DEFENSE
No act or omission of Defendants was the proximate or legal cause of
Plaintiffs alleged damages.

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SIXTH DEFENSE
Defendants did not violate Plaintiffs constitutional rights as alleged or
otherwise.
SEVENTH DEFENSE
Defendants are not liable to Plaintiffs in any amount because Defendants did
not act as alleged in Plaintiffs Complaint.
EIGHTH DEFENSE
Defendants assert the defenses of contributory negligence, comparative
fault, assumption of the risk, and failure to exercise ordinary care for own safety.
NINTH DEFENSE
Defendants are not liable to Plaintiffs because Plaintiffs damages, if any,
are due to the acts and omissions of other individuals and entities other than
Defendants.
TENTH DEFENSE
To the extent as may be shown by evidence through discovery which
provides factual or legal support, Defendants assert and reserve the defenses of
accord and satisfaction, arbitration clauses, discharge in bankruptcy, duress,
estoppels, failure of consideration, failure to mitigate, failure to satisfy a condition
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precedent including but not limited to ante litem notice, exhaustion of

administrative remedies, etc., fraud, illegality, fellow servant doctrine and
exclusive remedy, laches, lack of proximate cause, license and consent, set-off and
payment, release and covenant not to sue, res judicata, issue and claim preclusion,
statute of frauds, any and all statutes of limitation, and waiver.
ELEVENTH DEFENSE
For its Eleventh Defense, Defendants answer the enumerated paragraphs of
Plaintiffs Complaint as follows:
INTRODUCTION
1.
Paragraph One (1) does not require a response from Defendants as it is a
legal statement. To the extent Paragraph One (1) requires a response, Defendants
deny the allegations contained in Paragraph One (1) of Plaintiffs Complaint.
JURISDICTION AND VENUE
2.
Defendants deny as pled the allegations contained in Paragraph Two (2) of
Plaintiffs Complaint.

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3.
Defendants deny as pled the allegations contained in Paragraph Three (3) of
Plaintiffs Complaint.
PARTIES
4.
Defendants deny the allegations contained in Paragraph Four (4) of
Plaintiffs Complaint.
5.
Defendants deny as pled the allegations contained in Paragraph Five (5) of
Plaintiffs Complaint.
FACTUAL BACKGROUND
6.
Defendants deny as pled the allegations contained in Paragraph Six (6) of
Plaintiffs Complaint.
7.
Defendants are without personal knowledge or information sufficient to
form a belief as to the truth of the allegations contained in Paragraph Seven (7) of
Plaintiffs Complaint and, therefore, deny same.
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8.
Defendants deny the allegations contained in Paragraph Eight (8) of
Plaintiffs Complaint.
9.
Defendants deny the allegations contained in Paragraph Nine (9) of
Plaintiffs Complaint.
10.
Defendants deny the allegations contained in Paragraph Ten (10) of
Plaintiffs Complaint.
11.
Defendants deny the allegations contained in Paragraph Eleven (11) of
Plaintiffs Complaint.
12.
Defendants deny the allegations contained in Paragraph Twelve (12) of
Plaintiffs Complaint.
13.
Defendants deny as pled the allegations contained in Paragraph Thirteen
(13) of Plaintiffs Complaint.
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14.
Defendants deny the allegations contained in Paragraph Fourteen (14) of
Plaintiffs Complaint.
15.
Defendants deny the allegations contained in Paragraph Fifteen (15) of
Plaintiffs Complaint.
16.
Defendants deny the allegations contained in Paragraph Sixteen (16) of
Plaintiffs Complaint.
17.
Defendants deny the allegations contained in Paragraph Seventeen (17) of
Plaintiffs Complaint.
18.
Defendants admit the allegations contained in Paragraph Eighteen (18) of
Plaintiffs Complaint.
19.
Defendants deny the allegations contained in Paragraph Nineteen (19) of
Plaintiffs Complaint.
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20.
Defendants deny the allegations contained in Paragraph Twenty (20) of
Plaintiffs Complaint.
21.
Defendants deny the allegations contained in Paragraph Twenty-One (21) of
Plaintiffs Complaint.
22.
Defendants deny the allegations contained in Paragraph Twenty-Two (22) of
Plaintiffs Complaint.
23.
Defendants deny the allegations contained in Paragraph Twenty-Three (23)
of Plaintiffs Complaint.
24.
Defendants admit the allegations contained in Paragraph Twenty-Four (24)
of Plaintiffs Complaint.
25.
Defendants deny as pled the allegations contained in Paragraph Twenty-Five
(25) of Plaintiffs Complaint.
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26.
Defendants deny as pled the allegations contained in Paragraph Twenty-Six
(26) of Plaintiffs Complaint.
27.
Defendants deny as pled the allegations contained in Paragraph TwentySeven (27) of Plaintiffs Complaint.
28.
Defendants deny as pled the allegations contained in Paragraph TwentyEight (28) of Plaintiffs Complaint.
29.
Defendants deny the allegations contained in Paragraph Twenty-Nine (29) of
Plaintiffs Complaint.
30.
Defendants deny as pled the allegations contained in Paragraph Thirty (30)
of Plaintiffs Complaint.
31.
Defendants deny as pled the allegations contained in Paragraph Thirty-One
(31) of Plaintiffs Complaint.
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32.
Defendants deny the allegations contained in Paragraph Thirty-Two (32) of
Plaintiffs Complaint.
33.
Defendants deny the allegations contained in Paragraph Thirty-Three (33) of
Plaintiffs Complaint.
34.
Defendants deny the allegations contained in Paragraph Thirty-Four (34) of
Plaintiffs Complaint.
35.
Defendants deny the allegations contained in Paragraph Thirty-Five (35) of
Plaintiffs Complaint.
36.
Defendants deny the allegations contained in Paragraph Thirty-Six (36) of
Plaintiffs Complaint.
37.
Defendants deny the allegations contained in Paragraph Thirty-Seven (37) of
Plaintiffs Complaint.
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38.
Defendants deny the allegations contained in Paragraph Thirty-Eight (38) of
Plaintiffs Complaint.
39.
Defendants deny the allegations contained in Paragraph Thirty-Nine (39) of
Plaintiffs Complaint.
40.
Paragraph Forty (40) does not require a response from Defendants as it is a
legal statement.

To the extent Paragraph Forty (40) requires a response,

Defendants state that the case speaks for itself and deny any allegation unsupported
by case or statutory law.
41.
Defendants deny the allegations contained in Paragraph Forty-One (41) of
Plaintiffs Complaint.
42.
Paragraph Forty-Two (42) does not require a response from Defendants as it
is a legal statement. To the extent Paragraph Forty-Two (42) requires a response,
Defendants state that the case speaks for itself and deny any allegation unsupported
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by case or statutory law.

43.
Paragraph Forty-Three (43) does not require a response from Defendants as
it is a legal statement.

To the extent Paragraph Forty-Three (43) requires a

response, Defendants state that the case speaks for itself and deny any allegation
unsupported by case or statutory law.
44.
Defendants deny the allegations contained in Paragraph Forty-Four (44) of
Plaintiffs Complaint.
45.
Paragraph Forty-Five (45) does not require a response from Defendants as it
is a legal statement. To the extent Paragraph Forty- Five (45) requires a response,
Defendants state that the case speaks for itself and deny any allegation unsupported
by case or statutory law.
46.
Paragraph Forty-Six (46) does not require a response from Defendants as it
is a legal statement. To the extent Paragraph Forty-Six (46) requires a response,
Defendants state that the case speaks for itself and deny any allegation unsupported
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by case or statutory law.

47.
Paragraph Forty-Seven (47) does not require a response from Defendants as
it is a legal statement. To the extent Paragraph Forty- Seven (47) requires a
response, Defendants state that the case speaks for itself and deny any allegation
unsupported by case or statutory law.
48.
Defendants deny the allegations contained in Paragraph Forty-Eight (48) of
Plaintiffs Complaint.
49.
Defendants deny the allegations contained in Paragraph Forty-Nine (49) of
Plaintiffs Complaint.
50.
Defendants deny the allegations contained in Paragraph Fifty (50) of
Plaintiffs Complaint.
51.
Defendants deny the allegations contained in Paragraph Fifty-One (51) of
Plaintiffs Complaint.
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52.
Defendants deny the allegations contained in Paragraph Fifty-Two (52) of
Plaintiffs Complaint.
53.
Defendants deny the allegations contained in Paragraph Fifty-Three (53) of
Plaintiffs Complaint.
54.
Defendants deny the allegations contained in Paragraph Fifty-Four (54) of
Plaintiffs Complaint.
55.
Defendants deny the allegations contained in Paragraph Fifty-Five (55) of
Plaintiffs Complaint.
56.
Defendants deny the allegations contained in Paragraph Fifty-Six (56) of
Plaintiffs Complaint.
57.
Defendants deny the allegations contained in Paragraph Fifty-Seven (57) of
Plaintiffs Complaint.
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58.
Defendants deny the allegations contained in Paragraph Fifty-Eight (58) of
Plaintiffs Complaint.
59.
Defendants deny the allegations contained in Paragraph Fifty-Nine (59) of
Plaintiffs Complaint.
60.
Defendants deny the allegations contained in Paragraph Sixty (60) of
Plaintiffs Complaint.
61.
Defendants deny the allegations contained in Paragraph Sixty-One (61) of
Plaintiffs Complaint.
62.
Defendants deny the allegations contained in Paragraph Sixty-Two (62) of
Plaintiffs Complaint.
63.
Defendants deny the allegations contained in Paragraph Sixty-Three (63) of
Plaintiffs Complaint.
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64.
Defendants deny the allegations contained in Paragraph Sixty-Four (64) of
Plaintiffs Complaint.
65.
Defendants deny the allegations contained in Paragraph Sixty-Five (65) of
Plaintiffs Complaint.
66.
Defendants deny the allegations contained in Paragraph Sixty-Six (66) of
Plaintiffs Complaint.
67.
Defendants deny the allegations contained in Paragraph Sixty-Seven (67) of
Plaintiffs Complaint.
68.
Defendants deny the allegations contained in Paragraph Sixty-Eight (68) of
Plaintiffs Complaint.
69.
Defendants admit the allegations contained in Paragraph Sixty-Nine (69) of
Plaintiffs Complaint.
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70.
Defendants deny the allegations contained in Paragraph Seventy (70) of
Plaintiffs Complaint.
71.
Defendants deny the allegations contained in Paragraph Seventy-One (71) of
Plaintiffs Complaint.
72.
Paragraph Seventy-Two (72) does not require a response from Defendants as
Plaintiffs have intentionally left it blank. To the extent Paragraph Seventy-Two
(72) may be read to require a response, Defendants deny same.
73.
Defendants deny the allegations contained in Paragraph Seventy-Three (73)
of Plaintiffs Complaint.
74.
Defendants deny the allegations contained in Paragraph Seventy-Four (74)
of Plaintiffs Complaint.

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COUNT ONE
SURVIVOR AND ESTATE FOURTH AMENDMENT CLAIM AGAINST
DEFENDANT BREWER
75.
Paragraph Seventy-Five (75) does not require a response from Defendants as
Plaintiffs have intentionally left it blank. To the extent Paragraph Seventy-Five
(75) may be read to require a response, Defendants deny same.
76.
Defendants deny the allegations contained in Paragraph Seventy-Six (76) of
Plaintiffs Complaint.
77.
Defendants deny as pled the allegations contained in Paragraph SeventySeven (77) of Plaintiffs Complaint.
78.
Defendants deny as pled the allegations contained in Paragraph SeventyEight (78) of Plaintiffs Complaint.
79.
Defendants deny the allegations contained in Paragraph Seventy-Nine (79)
of Plaintiffs Complaint.
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80.
Defendants deny the allegations contained in Paragraph Eighty (80) of
Plaintiffs Complaint.
81.
Defendants deny the allegations contained in Paragraph Eighty-One (81) of
Plaintiffs Complaint.
82.
Defendants deny the allegations contained in Paragraph Eighty-Two (82) of
Plaintiffs Complaint.
83.
Paragraph Eighty-Three (83) does not require a response from Defendants.
To the extent Paragraph Eighty-Three (83) may be read to require a response,
Defendants deny same.
84.
Defendants deny as pled the allegations contained in Paragraph Eighty-Four
(84) of Plaintiffs Complaint.
85.
Defendants deny the allegations contained in Paragraph Eighty-Five (85) of
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Plaintiffs Complaint.
86.
Defendants deny the allegations contained in Paragraph Eighty-Six (86) of
Plaintiffs Complaint.
COUNT TWO
TERESA HOOKS FALSE IMPRISONMENT CLAIM AGAINST
DEFENDANT STEVE VERTIN AND DEFENDANT RANDALL DELOACH
87.
Paragraph Eighty-Seven (87) does not require a response from Defendants
as Plaintiffs have intentionally left it blank. To the extent Paragraph Eighty-Seven
(87) may be read to require a response, Defendants deny same.
88.
Defendants deny the allegations contained in Paragraph Eighty-Eight (88) of
Plaintiffs Complaint.
COUNT THREE
PROPERTY DAMAGE
89.
Paragraph Eighty-Nine (89) does not require a response from Defendants as
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Plaintiffs have intentionally left it blank. To the extent Paragraph Eighty-Nine (89)
may be read to require a response, Defendants deny same.
90.
Defendants deny the allegations contained in Paragraph Ninety (90) of
Plaintiffs Complaint.
COUNT FOUR
PUNITIVE DAMAGES
91.
Paragraph Ninety-One (91) does not require a response from Defendants as
Plaintiffs have intentionally left it blank. To the extent Paragraph Ninety-One (91)
may be read to require a response, Defendants deny same.
92.
Defendants deny the allegations contained in Paragraph Ninety-Two (92) of
Plaintiffs Complaint.
93.
Defendants deny the allegations contained in Paragraph Ninety-Three (93)
of Plaintiffs Complaint.

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94.
Defendants deny the allegations contained in Paragraph Ninety-Four (94) of
Plaintiffs Complaint.
95.
Defendants deny the allegations contained in Paragraph Ninety-Five (95) of
Plaintiffs Complaint.
96.
To the extent the Plaintiffs prayer for relief requires a response, Defendants
deny all allegations contained therein and further deny Plaintiffs is entitled to any
recovery whatsoever against Defendants.
97.
Any allegation not specifically admitted herein is hereby denied.
WHEREFORE, Defendants pray that all parties consent to trial by jury of
twelve and that Plaintiffs Complaint against them be dismissed with prejudice,
with all costs assessed against Plaintiffs and that Defendants have such other relief
as the Court deems justice to demand.

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This 15th day of June, 2016.

Respectfully submitted,
BUCKLEY CHRISTOPHER & HAFF, P.C.

2970 Clairmont Road N.E.

Suite 650
Atlanta, Georgia 30329
(404) 633-9230
(404) 633-9640 (facsimile)
tbuckley@bchlawpc.com
kchristopher@bchlawpc.com

/s/ Timothy J. Buckley III

_________________________
TIMOTHY J. BUCKLEY III
Georgia State Bar No.092913
KELLY L. CHRISTOPHER
Georgia State Bar No. 609879
Attorneys for Defendants

DEFENDANTS DEMAND TRIAL BY JURY

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CERTIFICATE OF SERVICE
I hereby certify that I electronically filed DEFENDANTS ANSWER AND
DEFENSES TO PLAINTIFFS COMPLAINT using the CM/ECF system which
will automatically send email notification of such filing to the following attorneys
of record:
Mitchell M. Shook, Esq.
Salter, Shook & Tippett
P. O. Drawer 300
Vidalia, GA 30475
Brian Spears, Esq.
1126 Ponce de Leon Ave.
Atlanta, GA 30306
This 15th day of June, 2016.
BUCKLEY CHRISTOPHER & HAFF, P.C.

2970 Clairmont Road N.E.

Suite 650
Atlanta, Georgia 30329
(404) 633-9230
(404) 633-9640 (facsimile)
tbuckley@bchlawpc.com
kchristopher@bchlawpc.com

/s/ Timothy J. Buckley III

_________________________
TIMOTHY J. BUCKLEY III
Georgia State Bar No.092913
KELLY L. CHRISTOPHER
Georgia State Bar No. 609879
Attorneys for Defendants

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