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United States District Court

DISTRICT OFCONNECTICUT

TIMUR ANDIRIC :

PLAINTIFF : CASE NUMBER: 3:12cv1437

v.

JOSH KYLE :

DEFENDANT : DECEMBER 20, 2012

ANSWER AND AFFIRMATIVE DEFENSES

1. This defendant is without sufficient information to either admit or deny the

material allegations in Paragraph 1 and therefore leaves the plaintiff to his proof of same.

2. This defendant is without sufficient information to either admit or deny the

material allegations in Paragraph 2 and therefore leaves the plaintiff to his proof of same.

3. This defendant is without sufficient information to either admit or deny the

material allegations in Paragraph 3 and therefore leaves the plaintiff to his proof of same.

4. So much of Paragraph 4 which states, The defendant is a police officer in the

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City of New Haven, is admitted. This defendant is without sufficient information to either

admit or deny the remaining material allegations in Paragraph 4 and therefore leaves the

plaintiff to his proof of same.

5. This defendant is without sufficient information to either admit or deny the

material allegations in Paragraph 5 and therefore leaves the plaintiff to his proof of same.

6. This defendant is without sufficient information to either admit or deny the

material allegations in Paragraph 6 and therefore leaves the plaintiff to his proof of same.

7. This defendant is without sufficient information to either admit or deny so

much of Paragraph 7 which states, There was no justification or excuse, and therefore

leaves the plaintiff to his proof of same. The remaining allegations in this Paragraph 7 are

denied.

8. So much of Paragraph 8 which states, The defendant thereafter arrested the

plaintiff, is admitted. The remaining allegations in this Paragraph 8 are denied.

9. So much of Paragraph 9 which states, As a consequence of the aforesaid

brutal assault, is denied. This defendant is without sufficient information to either admit or

deny the remaining material allegations in Paragraph 9 and therefore leaves the plaintiff to

his proof of same.

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10. Paragraph 10 is denied.

BY WAY OF AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

The plaintiffs Complaint, or specific portions thereof, fail to state a claim upon which

relief may be granted.

SECOND AFFIRMATIVE DEFENSE

The actions and conduct of the defendant Kyle, to the extent that they occurred as

alleged, were objectively reasonable under the circumstances of which this defendant was

aware and, he therefore enjoys qualified immunity from all liability therefor.

THIRD AFFIRMATIVE DEFENSE

Pursuant to Conn. Gen. Stat. 53a-22, the defendants use of force, to the extent

that it may have occurred, was privileged under the circumstances.

THE DEFENDANT, JOSH KYLE

______/s/__ct04493____________Stephen P. Del Sole, Esq.46 South Whittlesey AvenueWallingford, Connecticut 06492-4102Federal Bar No.: ct04493Telephone: 1-203-284-8000

Fax: 1-203-284-9800stephen@delsoledelsole.com

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mailto:stephen@delsoledelsole.commailto:stephen@delsoledelsole.com

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CERTIFICATION OF SERVICE

On the date above stated, a copy of the foregoing was filed electronically and servedby mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyoneunable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties mayaccess this filing through the Court's CM/EFC System.

/s/ ct04493_________________________________STEPHEN P. DEL SOLE, ESQ.

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