n 12 B 14 15 16 7 18 19 20 21 22 23 24 FILED ©! Epmhe Honorable Judge Uhrig IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM DON BOYD, a married man, NO. 11-2-00336-8 Plaintiff, DEFENDANT LEE BELD’S ANSWER TO COMPLAINT AND vs. AFFIRMATIVE DEFENSES ‘The City of Lynden Washington, a municipal corporation in the State of Washington; LYNDEN POLICE DEPARTMENT, a Department of the City of Lynden, and LEE BELD, a married man, Defendants. Defendant Lee Beld, for his answer and affirmative defenses, alleges as follows: 1 JURISDICTION AND VENUE 11 Admit, 1.2 Defendant Beld is without sufficient formation to admit or deny the allegations contained in this paragraph and therefore deny the same. 13 Admit, 1.4 Defendant Beld is without sufficient information to admit or deny the allegations contained in this paragraph and therefore deny the same. DEF BELD’S 12(B) MO TO DISMISS. - 1 TIERNEY LAWFIRM,PC ause No. 11-2-00336: 2085 at? Aves SE, Sue 205 eee “Mercer Island, WA 98040 Soa 2223074 (Pons) S06 076 (Fe)10 ul 13 14 15 16 17 18 19 2 22 23 4 1.5 Admit venue is proper in Whatcom County. Defendant denies the remainder of this paragraph. I. PARTIES: 21 Admit. 2.2 Defendant Beld admits he is a Detective with the City of Lynden’s Police Department. 23 Admit. 2.4 Defendant Beld is without sufficient {ormation to admit or deny the allegations | contained in this paragraph and therefore deny the same. 2.5 Defendant Beld is without sufficient information to admit or deny the allegations contained in this paragraph and therefore deny the same. Ul. FACTS 3.1 Defendant Beld admits Boyd was at one time employed by the Whatcom County Sheriff's Department. Defendant is without sufficient information to admit or deny the remainder of the allegations contained in this paragraph and therefore deny the same. 3.2 Defendant Beld admits that both he and Michelle Boyd were employed by the Lynden Police Department during the period from 1994 to approximately 2003. Defendant is without sufficient information to admit or deny the remainder of the allegations contained in this paragraph and therefore deny the same. 3.3 Admit. 3.4 Defendant Beld admits that he and Michelle were close friends during the time they worked together and while Defendant was married and Michelle was single. Defendant denies the remainder of the allegations contained in this paragraph. DEF BELD’S 12(8) MO TO DISMISS. -2 ‘TIERNEY LAW FIRM, PC se No, 11-2-00336 DOSS 0" Aves Sue 205 eee ‘Mercer Island, WA. 98040 Soest Pow) ozs ere)12 1B 14 15 16 7 18 19 20 a 2 23 24 3.5 Denied. 3.6 Denied. 3.7 Defendant Beld is without sufficient information to admit or deny the allegations contained in this paragraph and therefore deny the same. 3.8 Denied. 3.9 Defendant Beld admits that Plaintiff and his wife attended a holiday party in their neighborhood in the City of Lynden on November 22, 2008, Defendant further admits that some of the other individuals at the party were Boyd’s neighbors and Beld’s acquaintances. Defendant admits that some of these individuals were offended by Boyd’s behavior and that Boyd left the party. Defendant denies the remainder of this paragraph 3.10 Defendant Beld admits that the day after the party, a number of the individuals who attended the party came to the Lynden Police Department and raised concems about Boyd’s behavior, including allegations of criminal behavior. Defendant denies the remainder of this paragraph. 3.11 Denied, 3.12 Denied. 3.13 Denied. 3.14. Defendant Beld is without sufficient information to admit or deny the allegations contained in this paragraph and therefore deny the same. 3.15. Defendant Beld is without sufficient information to admit or deny the allegations contained in this paragraph and therefore deny the same, 3.16 Denied 3.17 Defendant Beld is without sufficient information to admit or deny the allegations DEF BELD’S 12(B) MO TO DISMISS. -3 TIERNEY LAW FIRM, PC Cause No. 11-2-00336+ BSF seme Se Se 2S [ented Mercer Island, WA 98040 tesa (we) caso 076()10 i 12 B 14 15 16 17 18 19 20 21 22 23 24 contained in this paragraph and therefore deny the same 3.18 Denied. 3.19 Denied. 3.20 Denied. 3.21 Denied. 3.22 Denied. 3.23 Denied. IV. CAUSES OF ACTION 4.1 Responses to paragraphs 1.1 ~ 3.23 are restated and incorporated by reference. 42 The allegations in this paragraph consist of a legal assertion to which no responsive pleading is required, To the extent one is required, Defendant Beld denies the allegations, 4.3. The allegations in this paragraph consist of a legal assertion to which no responsive pleading is required. To the extent one is required, Defendant Beld denies the allegations. V. DAMAGES S.A Denied. 5.2 Denied. 5.3 Denied. VI. PRAYER FOR RELIEF In answering this portion of the Complaint, including paragraphs 6.1 ~ 6.4, Defendant Beld denies that Plaintiff is entitled to recover any of the damages or relief requested against him in the Prayer for Relief. DEF BELD’S 12(B) MO TO DISMISS. - 4 ‘TIERNEY LAW FIRM, PC (Cause No. 11-2-00336-8 2955 80" Avenve SE, Suite 205 ‘Mercer Island, WA 98040 206-232-3074 Phone) 206-232-3076 Fax)10 n 12 13 14 15 16 17 18 19 20 21 22 23 24 Defendant Beld denies the balance of Plaintiff's Complaint. AFFIRMATIVE DEFENSES 1. Plaintiff's Complaint fails to state a claim for which relief can be granted. 2. Service of process on Defendant Beld was insufficient and thus there is a lack of jurisdiction over him. 3. Plaintiff failed to join a party under CR 19, including, but not limited to, the Whatcom County Sheriff's Department. 4, Plainitfi’s claims are barred, in whole or in part, to the extent the doctrine of unclean hands applies. 5. Plaintiff's claims are barred, in whole or in part, to the extent Plaintiff failed to mitigate damages. 6. Plaintiff's claims are barred to the extent the doctrines of accord and satisfaction apply including but not limited to any release of the claims Plaintiff has against any defendant. 7. Plaintiff's claims are barred, in whole or in part, to the extent Plaintiff's damages or injury were expected or intended by Plaintiff or were the result of willful conduct or intentional actions of Plaintiff. 8. Plaintiff's claims are barred, in whole or in part, to the extent that the purported damages alleged by Plaintiff were the result of Plaintif's actions or inactions. Any recovery must be reduced by that amount of comparative fault ascribed to Plaintiff. 9, Plaintiff's claims are barred, in whole or in part, to the extent the damages for which Plaintiff seeks to recover were caused in whole or in part by the actions of others, including, but not limited to, the Whatcom County Sheriff's Department. 10. Plaintiff's claims are barred, in whole or in part, by the applicable statute of DEF BELD'S 12(B) MO TO DISMISS. - 5 ‘TIERNEY LAW FIRM, PC use No, 11-2.003364 Des UP Avenese Se 08 fest nealelad ‘Mercer Island, WA 98040, Sebo (hon) soeaio0T6 a)10 ii 12 3 14 15 16 7 18 19 20 21 22 23 24 limitations. 11. Plaintiff's claims are barred, in whole or in part, by the doctrine of privilege. 12. Plaintiff's claims are barred, in whole or in part, by the doctrines of waiver and estoppel. 13, Plaintiff's claims are barred, in whole or in part, by the doctrine of assumption of risk. 14, Plaintiff's claims are barred, in whole or in part, by the doctrine of collateral estoppel or issue preclusion. 15, Plaintiff's claims are barred, in whole or in part, by governmental limitation of liability under state law and the doctrines of immunity or qualified immunity. 16. Plaintiff's claims are barred, in whole or in part, by Defendant Beld’s good faith actions and license. 17, Plaintiff's claims are barred, in whole or in part, by the doctrines of truth and fair comment. 18. Plaintiff's claims are barred in whole or in part by failure to comply with statutory conditions precedent to filing suit. DATED this 10" day of March, 2011 TIERNEY LAW FIRM, P.C. By: Minas A Diana V. Blakney, WSBA #17629 Michael B. Tierney, WSBA #13662 Attorneys for Defendant Lee Beld DEF BELD’S 12(B) MO TO DISMISS. -6 TIERNEY LAW FIRM, PC 0. 11-2-00336- 2555 80 Avenue SE, Suite 208, aera) ‘Mercer Island, WA 98040 0.232904 (Phone) 20623-3076)10 u 12 13 14 16 7 18 19 20 21 2 23 24 DECLARATION OF SERVICE 1, Barbara Fairleigh, declare under penalty of perjury under the laws of the State of| Washington, I caused the original of the foregoing document to be filed with the Court via U.S. Mail, with a copy to be served via U.S. Mail on the following counsel of record: Counsel for Plaintiff: Robert D. Butler Law Offices of Robert D. Butler 103 E. Holly St., Suite 512 Bellingham, WA 98225 Counsel for Defendant City of Lynden & Lynden Police Department Bret Simmons Roy & Simmons, P.S. 1223 Commercial St. Bellingham, WA 98225 DATED this 11" day of March, 2011 at Mercer Island, Washington. DEF BELD’S 12(B) MO TO DISMISS. -7 ‘TIERNEY LAW FIRM, PC (. 11-2-003364 2055 AP Avene SE, Sut 205 ee Mercer island, WA 98040