The opinion
1 Nicholas R. Kloeppel, CSB #186165
Karen J. Roebuck, CSB #160915
2 THE MITCHELL LAW FIRM, LLP
Attorneys at Law
3 426 First Street
P. O. Drawer 1008
4 Eureka, CA 95502
Tel: (707) 443-5643
5 Fax: (707) 444-9586
Email: nkloeppel@mitchelllawfirm.com
6
Attorneys for Defendants
7 COUNTY OF HUMBOLDT and KELSEY HAWK
8
9 UNITED STATES DISTRICT COURT
10 NOTHERN DISTRICT OF CALIFORNIA
11 ERIC MATILTON, JR., individually and Case No.: 1:25-cv-01168-RMI
as successor in interest to ERIC
12 MATILTON, SR. deceased; C.M. a minor STIPULATION FOR FILING OF
by and through his guardian ad litem FIRST AMENDED ANSWER TO
13 Carrie Ames; and K.M., a minor, by and FIRST AMENDED COMPLAINT BY
through his guardian ad litem, Carrie Ames DEFENDANTS COUNTY OF
14 HUMBOLDT AND KELSEY HAWK
Plaintiffs, AND [PROPOSED] ORDER
15 THEREON
vs.
16
17 COUNTY OF HUMBOLDT, CHRISTIAN
AGRICOLA, KELSEY HAWK; and
18 DOES 1 through 40 inclusive,
19 Defendants.
20
21 STIPULATION FOR FILING OF FIRST AMENDED ANSWER
TO FIRST AMENDED COMPLAINT BY DEFENDANTS
22
COUNTY OF HUMBOLDT AND KELSEY HAWK
23
24 WHEREAS, Plaintiffs filed a First Amended Complaint for Damages and
25 Declaratory and Injunctive Relief on or about June 25, 2025;
26 //
_______________________________1_______________________________
1 WHEREAS, Defendants COUNTY OF HUMBOLDT and KELSEY HAWK
2 filed an Answer to First Amended Complaint on or about November 5, 2025;
3 WHEREAS, Defendants COUNTY OF HUMBOLDT and KELSEY HAWK
4 desire to file a First Amended Answer to First Amended Complaint;
5 WHEREAS, Defendants COUNTY OF HUMBOLDT and KELSEY HAWK
6 seek to file this First Amended Answer to First Amended Complaint under Federal Rule
7 of Civil Procedure, Rule 15(a)(2) which provides a party may amend its pleading with
8 the opposing party’s written consent;
9 IT IS HEREBY STIPULATED by and between the parties, through their
10 counsel of record, that Defendants COUNTY OF HUMBOLDT and KELSEY HAWK
11 may file a First Amended Answer to First Amended Complaint, a copy of which is
12 attached hereto as Exhibit A;
13 IT IS FURTHER STIPULATED Defendants COUNTY OF HUMBOLDT and
14 KELSEY HAWK shall file the First Amended Answer to First Amended Complaint as a
15 separate document;
16 IT IS FURTHER STIPULATED that Defendants COUNTY OF HUMBOLDT
17 and KELSEY HAWK shall file and serve the First Amended Answer to First Amended
18 Complaint within fifteen (15) days of receipt of the signed order on this stipulation.
19 IT IS SO STIPULATED AND AGREED.
20 Dated: March 19, 2026 THE MITCHELL LAW FIRM, LLP
21
22 By: _/s_/_ N__ic_h_o_l_a_s _R_._ K_l_o_e_p_p_e_l______________
NICHOLAS R. KLOEPPEL
23
Attorneys for Defendants
24 COUNTY OF HUMBOLDT and
KELSEY HAWK
25
26
_______________________________2_______________________________
1 Dated: March 17, 2026 LAW OFFICE OF BENJAMIN MAINZER, A.P.C.
2
3 By: _/s_/_ B_e_n_j_a_m_i_n_ M__a_i_n_ze_r_________________
BENJAMIN MAINZER
4
Attorneys for Plaintiffs ERIC MATILTON,
5 JR., C.M., a minor by and through his guardian
ad litem Carrie Ames; and K.M., a minor, by
6 and through his guardian ad litem, Carrie
Ames
7
8 Dated: March 18, 2026 J SUPPLE LAW, A Professional Corporation
9
10 By: _/_s/_ A__a_ro_n_ _T_. _S_c_h_u_lt_z__________________
AARON T. SCHULTZ
11
Attorneys for Defendant
12 CHRISTIAN AGRICOLA
13
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_______________________________3_______________________________
1 SIGNATURE ATTESTATION
2 Pursuant to Civil L.R. 5-1(1)(3), I hereby attest that I have obtained the
3 || concurrence in the filing of this document from all of the signatories for whom a
4 || signature is indicated by a “/s/” signature within this e-filed document and I have on file
5 || confirmation of this concurrence for subjection production for the court if so ordered.
6 || DATED: March 19, 2026 THE MITCHELL LAW FIRM, LLP
8
By: /s/ Nicholas R. Kloeppel
9 NICHOLAS R. KLOEPPEL
10 Attorneys for Defendants
COUNTY OF HUMBOLDT and
11 KELSEY HAWK
12
13 ORDER
14 PURSUANT TO STIPULATION, IT IS SO ORDERED.
15 |} DATED: March 23, 2026
17
NNORABLE ROBERT ILLMAN
18 United States District Magistrate Judge
19
20
21
22
23
24
25
26
STIPULATION FOR FILING OF FIRST AMENDED ANSWER TO FIRST AMENDED
First Street COMPLAINT BY DEFENDANTS COUNTY OF HUMBOLDT AND KELSEY HAWK
1008 AND [PPRPAPDACERN ORNPER THERTON
EXHIBIT A
1 Nicholas R. Kloeppel, CSB #186165
Karen J. Roebuck, CSB #160915
2 THE MITCHELL LAW FIRM, LLP
Attorneys at Law
3 426 First Street
P. O. Drawer 1008
4 Eureka, CA 95502
Tel: (707) 443-5643
5 Fax: (707) 444-9586
Email: nkloeppel@mitchelllawfirm.com
6
Attorneys for Defendants
7 COUNTY OF HUMBOLDT and KELSEY HAWK
8
9 UNITED STATES DISTRICT COURT
10 NORTHERN DISTRICT OF CALIFORNIA
11 ERIC MATILTON, JR., individually and Case No.: 1:25-cv-01168-RMI
as successor in interest to ERIC
12 MATILTON, SR. deceased; C.M. a minor FIRST AMENDED ANSWER TO
by and through his guardian ad litem FIRST AMENDED COMPLAINT
13 Carrie Ames; and K.M., a minor, by and
through his guardian ad litem, Carrie Ames DEMAND FOR JURY TRIAL
14
Plaintiffs,
15
vs.
16
17 COUNTY OF HUMBOLDT, CHRISTIAN
AGRICOLA, KELSEY HAWK; and
18 DOES 1 through 40 inclusive,
19 Defendants.
20
21 Defendants COUNTY OF HUMBOLDT and KELSEY HAWK (collectively
22 referred to as “Defendants”), separating themselves from all other defendants, answer
23 the First Amended Complaint (“Complaint”) on file herein and, pursuant to Federal
24 Rules of Civil Procedure, Rule 8, admit, deny and allege as follows:
25 //
26 //
1 INTRODUCTION
2 1. In response to paragraph 1 of the Complaint, these answering defendants are
3 unable to admit or deny the allegations in said paragraph, and on this basis generally and
4 specifically deny them.
5 2. In response to paragraph 2 of the Complaint, these answering defendants deny
6 the allegations set forth in this paragraph.
7 3. In response to paragraph 3 of the Complaint, these answering defendants deny
8 the allegations set forth in this paragraph
9 4. In response to paragraph 4 of the Complaint, these answering defendants deny
10 the allegations set forth in this paragraph.
11 5. In response to paragraph 5 of the Complaint, these answering defendants deny
12 the allegations set forth in this paragraph.
13 6. In response to paragraph 6 of the Complaint, these answering defendants deny
14 the allegations set forth in this paragraph.
15 7. In response to paragraph 7 of the Complaint, these answering defendants deny
16 the allegations set forth in this paragraph.
17 8. In response to paragraph 8 of the Complaint, these answering defendants deny
18 the allegations set forth in this paragraph.
19 PARTIES
20 9. In response to paragraph 9 of the Complaint, these answering defendants lack
21 sufficient information or knowledge to respond to the allegations of said paragraph, and
22 on this basis generally and specifically deny them.
23 10. In response to paragraph 10 of the Complaint, these answering defendants
24 lack sufficient information or knowledge to respond to the allegations of said paragraph,
25 and on this basis generally and specifically deny them.
26 //
1 11. In response to paragraph 11 of the Complaint, these answering defendants
2 lack sufficient information or knowledge to respond to the allegations of said paragraph,
3 and on this basis generally and specifically deny them.
4 12. In response to paragraph 12 of the Complaint, these answering defendants
5 are unable to admit or deny the allegations in said paragraph and on this basis generally
6 and specifically deny them.
7 13. In response to paragraph 13 of the Complaint, these answering defendants
8 lack sufficient information or knowledge to respond to the allegations of said paragraph,
9 and on this basis generally and specifically deny them.
10 14. In response to paragraph 14 of the Complaint, these answering defendants
11 deny the allegations set forth in this paragraph.
12 15. In response to paragraph 15 of the Complaint, these answering defendants
13 admit that the Humboldt County Sheriff’s Office is a department of the County. The
14 answering defendants deny the remaining allegations set forth in this paragraph.
15 16. In response to paragraph 16 of the Complaint, these answering defendants
16 deny the allegations set forth in this paragraph.
17 17. In response to paragraph 17 of the Complaint, these answering defendants
18 admit the Humboldt County Department of Health and Human Services was a
19 department of the County of Humboldt at the time of the incident which is the subject of
20 the Complaint. Further responding, these answering defendants deny the remaining
21 allegations set forth in this paragraph.
22 18. In response to paragraph 18 of the Complaint, these answering defendants
23 admit the County of Humboldt is a public entity as defined by California Government
24 Code section 811.2.
25 19. In response to paragraph 19 of the Complaint, the answering defendants admit
26 that Wellpath was responsible for rendering healthcare services and staffing as set forth
1 in the respective contracts during the relevant timeframe. The answering defendants
2 deny the remaining allegations set forth this paragraph.
3 20. In response to paragraph 20 of the Complaint, these answering defendants
4 deny the allegations set forth this paragraph.
5 21. In response to paragraph 21 of the Complaint, these answering defendants
6 admit Kelsey Hawk was an employee of the County of Humboldt during the relevant
7 timeframe. Further responding, these answering defendants deny the remaining
8 allegations set forth in this paragraph.
9 22. In response to paragraph 22 of the Complaint, these answering defendants
10 admit Hawk was acting in the course and scope of her employment at certain times.
11 Further responding, these answering defendants deny the remaining allegations set forth
12 in this paragraph.
13 23. In response to paragraph 23 of the Complaint, these answering defendants
14 lack sufficient information or knowledge to respond to the allegations of said paragraph,
15 and on this basis generally and specifically deny them.
16 24. In response to paragraph 24 of the Complaint, these answering defendants
17 lack sufficient information or knowledge to respond to the allegations of said paragraph,
18 and on this basis generally and specifically deny them.
19 25. In response to paragraph 25 of the Complaint, these answering defendants
20 deny the allegations set forth in this paragraph.
21 26. In response to paragraph 26 of the Complaint, these answering defendants
22 deny the allegations set forth in this paragraph.
23 27. In response to paragraph 27 of the Complaint, these answering defendants
24 deny the allegations set forth in this paragraph.
25 28. In response to paragraph 28 of the Complaint, these answering defendants
26 deny the allegations set forth in this paragraph.
1 29. In response to paragraph 29 of the Complaint, there are no charging
2 allegations to respond to.
3 JURISDICTION AND VENUE
4 30. In response to paragraph 30 of the Complaint, these answering defendants
5 admit that jurisdiction is proper in the Northern District Court of the State of California.
6 Further responding, these answering defendants deny the remaining allegations set forth
7 in this paragraph.
8 31. In response to paragraph 31 of the Complaint, there are no charging
9 allegations to admit or deny as this is a conclusion of law and on the further basis that
10 claims for declaratory and injunctive release have been dismissed.
11 32. In response to paragraph 32 of the Complaint, these answering defendants
12 admit that jurisdiction is proper in the Northern District Court of the State of California.
13 Further responding, these answering defendants deny the remaining allegations set forth
14 in this paragraph.
15 33. In response to paragraph 33 of the Complaint, these answering defendants
16 admit the claim arose in this District. Further responding, these answering defendants
17 deny the remaining allegations set forth in this paragraph.
18 34. In response to paragraph 34 of the Complaint, these answering defendants
19 deny the allegations set forth in this paragraph.
20 35. In response to paragraph 35 of the Complaint, these answering defendants
21 deny the allegations set forth in this paragraph.
22 36. In response to paragraph 36 of the Complaint, these answering defendants
23 deny the allegations set forth in this paragraph.
24 37. In response to paragraph 37 of the Complaint, these answering defendants
25 deny the allegations set forth in this paragraph.
26 ///
1 DIVISION
2 38. In response to paragraph 38 of the Complaint, these answering defendants
3 admit Eureka is the proper court division assignment. Further responding, these
4 answering defendants deny the remaining allegations set forth in this paragraph.
5 FACTS COMMON TO ALL CLAIMS FOR RELIEF
6 39. In response to paragraph 39 of the Complaint, these answering defendants
7 deny the allegations set forth in this paragraph.
8 40. In response to paragraph 40 of the Complaint, these answering defendants
9 lack sufficient information or knowledge to respond to the allegations of said paragraph,
10 and on this basis generally and specifically deny them.
11 41. In response to paragraph 41 of the Complaint, these answering defendants
12 deny the allegations set forth in this paragraph.
13 42. In response to paragraph 42 of the Complaint, these answering defendants
14 deny the allegations set forth in this paragraph.
15 43. In response to paragraph 43 of the Complaint, these answering defendants
16 deny the allegations set forth in this paragraph.
17 44. In response to paragraph 44, these answering defendants deny the allegations
18 set forth in this paragraph.
19 45. In response to paragraph 45, these answering defendants deny the allegations
20 set forth in this paragraph.
21 46. In response to paragraph 46, these answering defendants lack sufficient
22 information or knowledge to respond to the allegations of said paragraph, and on this
23 basis generally and specifically deny them.
24 47. In response to paragraph 47, these answering defendants lack sufficient
25 information or knowledge to respond to the allegations of said paragraph, and on this
26 basis generally and specifically deny them.
1 48. In response to paragraph 48, these answering defendants deny the allegations
2 set forth in this paragraph.
3 49. In response to paragraph 49, these answering defendants deny the allegations
4 set forth in this paragraph.
5 50. In response to paragraph 50, these answering defendants deny the allegations
6 set forth in this paragraph.
7 51. In response to paragraph 51, these answering defendants deny the allegations
8 set forth in this paragraph.
9 52. In response to paragraph 52, these answering defendants deny the allegations
10 set forth in this paragraph.
11 53. In response to paragraph 53, these answering defendants deny the allegations
12 set forth in this paragraph.
13 54. In response to paragraph 54, these answering defendants deny the allegations
14 set forth in this paragraph.
15 55. In response to paragraph 55, these answering defendants deny the allegations
16 set forth in this paragraph.
17 56. In response to paragraph 56, these answering defendants deny the allegations
18 set forth in this paragraph.
19 57. In response to paragraph 57, these answering defendants deny the allegations
20 set forth in this paragraph.
21 58. In response to paragraph 58, these answering defendants lack sufficient
22 information or knowledge to respond to the allegations of said paragraph, and on this
23 basis generally and specifically deny them.
24 59. In response to paragraph 59, these answering defendants deny the allegations
25 set forth in this paragraph.
26 60. In response to paragraph 60, these answering defendants deny the allegations
1 set forth in this paragraph.
2 61. In response to paragraph 61, these answering defendants admit that on or
3 around November 6, 2023, Kelsey Hawk documented that she received a phone call
4 from Dr. John Israel. Answering defendants deny the remaining allegations set forth in
5 this paragraph.
6 62. In response to paragraph 62, these answering defendants admit the allegations
7 set forth in this paragraph.
8 63. In response to paragraph 63, these answering defendants admit that Kelsey
9 Hawk documented that Dr. John Israel reported at certain times in his past, decedent
10 experienced psychotic episodes where he experiences paranoia, delusions, and auditory
11 hallucinations. Answering defendants deny the remaining allegations set forth in this
12 paragraph.
13 64. In response to paragraph 64, these answering defendants deny the allegations
14 set forth in this paragraph.
15 65. In response to paragraph 65, these answering defendants deny the allegations
16 set forth in this paragraph.
17 66. In response to paragraph 66, these answering defendants deny the allegations
18 set forth in this paragraph.
19 67. In response to paragraph 67, these answering defendants deny the allegations
20 set forth in this paragraph.
21 68. In response to paragraph 68, these answering defendants deny the allegations
22 set forth in this paragraph.
23 69. In response to paragraph 69, these answering defendants deny the allegations
24 set forth in this paragraph.
25 //
26 //
1 70. In response to paragraph 70, these answering defendants lack sufficient
2 information or knowledge to respond to the allegations of said paragraph, and on this
3 basis generally and specifically deny them.
4 71. In response to paragraph 71, these answering defendants lack sufficient
5 information or knowledge to respond to the allegations of said paragraph, and on this
6 basis generally and specifically deny them.
7 72. In response to paragraph 72, these answering defendants lack sufficient
8 information or knowledge to respond to the allegations of said paragraph, and on this
9 basis generally and specifically deny them.
10 73. In response to paragraph 73, these answering defendants deny the allegations
11 set forth in this paragraph.
12 74. In response to paragraph 74, these answering defendants deny the allegations
13 set forth in this paragraph.
14 75. In response to paragraph 75, these answering defendants lack sufficient
15 information or knowledge to respond to the allegations of said paragraph, and on this
16 basis generally and specifically deny them.
17 76. In response to paragraph 76, these answering defendants deny the allegations
18 set forth in this paragraph.
19 77. In response to paragraph 77, these answering defendants deny the allegations
20 set forth in this paragraph.
21 78. In response to paragraph 78, these answering defendants deny the allegations
22 set forth in this paragraph.
23 79. In response to paragraph 79, these answering defendants deny the allegations
24 set forth in this paragraph.
25 80. In response to paragraph 80, these answering defendants deny the allegations
26 set forth in this paragraph.
1 81. In response to paragraph 81, these answering defendants deny the allegations
2 set forth in this paragraph.
3 82. In response to paragraph 82, these answering defendants deny the allegations
4 set forth in this paragraph.
5 83. In response to paragraph 83, these answering defendants deny the allegations
6 set forth in this paragraph.
7 84. In response to paragraph 84, these answering defendants deny the allegations
8 set forth in this paragraph.
9 85. In response to paragraph 85, these answering defendants deny the allegations
10 set forth in this paragraph.
11 86. In response to paragraph 86, these answering defendants deny the allegations
12 set forth in this paragraph.
13 87. In response to paragraph 87, these answering defendants deny the allegations
14 set forth in this paragraph.
15 88. In response to paragraph 88, these answering defendants deny the allegations
16 set forth in this paragraph.
17 89. In response to paragraph 89, these answering defendants deny the allegations
18 set forth in this paragraph.
19 90. In response to paragraph 90, these answering defendants deny the allegations
20 set forth in this paragraph.
21 91. In response to paragraph 91, these answering defendants deny the allegations
22 set forth in this paragraph.
23 92. In response to paragraph 92, these answering defendants deny the allegations
24 set forth in this paragraph.
25 93. In response to paragraph 93, these answering defendants deny the allegations
26 set forth in this paragraph.
1 94. In response to paragraph 94, these answering defendants deny the allegations
2 set forth in this paragraph.
3 95. In response to paragraph 95, these answering defendants deny the allegations
4 set forth in this paragraph.
5 96. In response to paragraph 96, these answering defendants deny the allegations
6 set forth in this paragraph.
7 97. In response to paragraph 97, these answering defendants deny the allegations
8 set forth in this paragraph.
9 98. In response to paragraph 98, these answering defendants deny the allegations
10 set forth in this paragraph.
11 99. In response to paragraph 99, these answering defendants deny the allegations
12 set forth in this paragraph.
13 100. In response to paragraph 100 of the Complaint, there are no allegations to
14 admit or deny in this paragraph.
15 101. In response to paragraph 101, these answering defendants deny the
16 allegations set forth in this paragraph.
17 102. In response to paragraph 102, these answering defendants deny the
18 allegations set forth in this paragraph.
19 103. In response to paragraph 103, these answering defendants deny the
20 allegations set forth in this paragraph.
21 104. In response to paragraph 104, these answering defendants deny the
22 allegations set forth in this paragraph.
23 105. In response to paragraph 105, these answering defendants deny the
24 allegations set forth in this paragraph.
25 106. In response to paragraph 106, these answering defendants deny the
26 allegations set forth in this paragraph.
1 107. In response to paragraph 107, these answering defendants deny the
2 allegations set forth in this paragraph.
3 108. In response to paragraph 108, these answering defendants deny the
4 allegations set forth in this paragraph.
5 109. In response to paragraph 109, these answering defendants deny the
6 allegations set forth in this paragraph.
7 110. In response to paragraph 110, these answering defendants deny the
8 allegations set forth in this paragraph.
9 111. In response to paragraph 111, these answering defendants deny the
10 allegations set forth in this paragraph.
11 112. In response to paragraph 112, these answering defendants deny the
12 allegations set forth in this paragraph.
13 113. In response to paragraph 113, these answering defendants deny the
14 allegations set forth in this paragraph.
15 114. In response to paragraph 114, these answering defendants deny the
16 allegations set forth in this paragraph.
17 115. In response to paragraph 115, these answering defendants deny the
18 allegations set forth in this paragraph.
19 116. In response to paragraph 116, these answering defendants deny the
20 allegations set forth in this paragraph.
21 117. In response to paragraph 117, these answering defendants deny the
22 allegations set forth in this paragraph.
23 118. In response to paragraph 118, these answering defendants deny the
24 allegations set forth in this paragraph.
25 119. In response to paragraph 119, these answering defendants deny the
26 allegations set forth in this paragraph.
1 120. In response to paragraph 120, these answering defendants deny the
2 allegations set forth in this paragraph.
3 121. In response to paragraph 121, these answering defendants deny the
4 allegations set forth in this paragraph.
5 122. In response to paragraph 122, these answering defendants deny the
6 allegations set forth in this paragraph.
7 123. In response to paragraph 123, these answering defendants deny the
8 allegations set forth in this paragraph.
9 124. In response to paragraph 124, these answering defendants deny the
10 allegations set forth in this paragraph.
11 FIRST CAUSE OF ACTION
Violation of Pretrial Detainee’s Fourteenth Amendment Right to Mental Health Care
12 (42 U.S.C. § 1983)
(By Plaintiff ERIC MATILTON JR. as successor in interest against Defendants
13
AGRICOLA and DOES 1-20)
14
15 125. In response to paragraph 125 of the Complaint, these answering
16 defendants are not named in the First Cause of Action. In further response to paragraph
17 125 of the Complaint, these answering defendants re-allege and incorporate as if fully
18 stated herein all paragraphs of this answer as if fully set forth herein.
19 126. In response to paragraph 126 of the Complaint, these answering
20 defendants are not named in the First Cause of Action. In further response to paragraph
21 126 of the Complaint, these answering defendants deny the allegations set forth in this
22 paragraph.
23 127. In response to paragraph 127 of the Complaint, these answering
24 defendants are not named in the First Cause of Action. In further response to paragraph
25 127 of the Complaint, these answering defendants deny the allegations set forth in this
26 paragraph.
1 128. In response to paragraph 128 of the Complaint, these answering
2 defendants are not named in the First Cause of Action. In further response to paragraph
3 128 of the Complaint, these answering defendants deny the allegations set forth in this
4 paragraph.
5 129. In response to paragraph 129 of the Complaint, these answering
6 defendants are not named in the First Cause of Action. In further response to paragraph
7 129 of the Complaint, these answering defendants deny the allegations set forth in this
8 paragraph.
9 130. In response to paragraph 130 of the Complaint, these answering defendants
10 are not named in the First Cause of Action. In further response to paragraph 130 of the
11 Complaint, these answering defendants deny the allegations set forth in this paragraph.
12 131. In response to paragraph 131 of the Complaint, these answering
13 defendants are not named in the First Cause of Action. In further response to paragraph
14 131 of the Complaint, these answering defendants deny the allegations set forth in this
15 paragraph.
16 132. In response to paragraph 132 of the Complaint, these answering
17 defendants are not named in the First Cause of Action. In further response to paragraph
18 132 of the Complaint, these answering defendants deny the allegations set forth in this
19 paragraph.
20 133. In response to paragraph 133 of the Complaint, these answering
21 defendants are not named in the First Cause of Action. In further response to paragraph
22 133 of the Complaint, these answering defendants deny the allegations set forth in this
23 paragraph.
24 134. In response to paragraph 134 of the Complaint, these answering
25 //
26 //
1 defendants are not named in the First Cause of Action. In further response to paragraph
2 134 of the Complaint, these answering defendants deny the allegations set forth in this
3 paragraph.
4 135. In response to paragraph 135 of the Complaint, these answering
5 defendants are not named in the First Cause of Action. In further response to paragraph
6 135 of the Complaint, these answering defendants deny the allegations set forth in this
7 paragraph.
8 136. In response to paragraph 136 of the Complaint, these answering defendants
9 are not named in the First Cause of Action. In further response to paragraph 136 of the
10 Complaint, these answering defendants deny the allegations set forth in this paragraph.
11 137. In response to paragraph 137 of the Complaint, these answering
12 defendants are not named in the First Cause of Action. In further response to paragraph
13 137 of the Complaint, these answering defendants deny the allegations set forth in this
14 paragraph.
15 138. In response to paragraph 138 of the Complaint, these answering
16 defendants are not named in the First Cause of Action. In further response to paragraph
17 138 of the Complaint, these answering defendants deny the allegations set forth in this
18 paragraph.
19 139. In response to paragraph 139 of the Complaint, these answering defendants
20 are not named in the First Cause of Action. In further response to paragraph 139 of the
21 Complaint, these answering defendants deny the allegations set forth in this paragraph.
22 140. In response to paragraph 140 of the Complaint, these answering
23 defendants are not named in the First Cause of Action. In further response to paragraph
24 140 of the Complaint, these answering defendants deny the allegations set forth in this
25 paragraph.
26 //
1 SECOND CAUSE OF ACTION
Violation of Pretrial Detainee’s Fourteenth Amendment Right to Mental Health Care
2 (42 U.S.C. § 1983)
(By Plaintiff ERIC MATILTON JR. as successor in interest against Defendants
3
HAWK and DOES 1-20)
4
5 141. In response to paragraph 141 of the Complaint, these answering defendants
6 re-allege and incorporate as if fully stated herein all paragraphs of this answer as if fully
7 set forth herein.
8 142. In response to paragraph 142 of the Complaint, these answering defendants
9 deny the allegations set forth in this paragraph
10 143. In response to paragraph 143 of the Complaint, these answering defendants
11 deny the allegations set forth in this paragraph.
12 144. In response to paragraph 144 of the Complaint, these answering defendants
13 deny the allegations set forth in this paragraph.
14 145. In response to paragraph 145 of the Complaint, these answering defendants
15 deny the allegations set forth in this paragraph.
16 146. In response to paragraph 146 of the Complaint, these answering defendants
17 deny the allegations set forth in this paragraph.
18 147. In response to paragraph 147 of the Complaint, these answering defendants
19 deny the allegations set forth in this paragraph.
20 148. In response to paragraph 148 of the Complaint, these answering defendants
21 deny the allegations set forth in this paragraph.
22 149. In response to paragraph 149 of the Complaint, these answering defendants
23 deny the allegations set forth in this paragraph.
24 150. In response to paragraph 150 of the Complaint, these answering defendants
25 deny the allegations set forth in this paragraph.
26 //
1 151. In response to paragraph 151 of the Complaint, these answering defendants
2 deny the allegations set forth in this paragraph.
3 152. In response to paragraph 152 of the Complaint, these answering defendants
4 deny the allegations set forth in this paragraph.
5 153. In response to paragraph 153 of the Complaint, these answering defendants
6 deny the allegations set forth in this paragraph.
7 154. In response to paragraph 154 of the Complaint, these answering defendants
8 deny the allegations set forth in this paragraph.
9 THIRD CAUSE OF ACTION
Violation of Pretrial Detainee’s Fourteenth Amendment Right to Mental Health Care
10 (42 U.S.C. § 1983)
(By Plaintiff ERIC MATILTON JR. as successor in interest against Defendants
11
COUNTY OF HUMBOLDT and DOES 21-40)
12
13 155. In response to paragraph 155 of the Complaint, these answering
14 defendants re-allege and incorporate as if fully stated herein all paragraphs of this
15 answer as if fully set forth herein.
16 156. In response to paragraph 156 of the Complaint, these answering defendants
17 deny the allegations set forth in this paragraph.
18 157. In response to paragraph 157 of the Complaint, these answering defendants
19 deny the allegations set forth in this paragraph.
20 158. In response to paragraph 158 of the Complaint, these answering defendants
21 deny the allegations set forth in this paragraph.
22 159. In response to paragraph 159 of the Complaint, these answering defendants
23 deny the allegations set forth in this paragraph.
24 160. In response to paragraph 160 of the Complaint, these answering defendants
25 deny the allegations set forth in this paragraph.
26 //
1 161. In response to paragraph 161 of the Complaint, these answering defendants
2 deny the allegations set forth in this paragraph.
3 162. In response to paragraph 162 of the Complaint, these answering defendants
4 deny the allegations set forth in this paragraph.
5 163. In response to paragraph 163 of the Complaint, these answering defendants
6 deny the allegations set forth in this paragraph.
7 164. In response to paragraph 164 of the Complaint, these answering defendants
8 deny the allegations set forth in this paragraph.
9 165. In response to paragraph 165 of the Complaint, these answering defendants
10 deny the allegations set forth in this paragraph.
11 166. In response to paragraph 166 of the Complaint, these answering defendants
12 deny the allegations set forth in this paragraph.
13 167. In response to paragraph 167 of the Complaint, these answering defendants
14 deny the allegations set forth in this paragraph.
15 168. In response to paragraph 168 of the Complaint, these answering defendants
16 deny the allegations set forth in this paragraph.
17 169. In response to paragraph 169 of the Complaint, these answering defendants
18 deny the allegations set forth in this paragraph.
19 170. In response to paragraph 170 of the Complaint, these answering defendants
20 deny the allegations set forth in this paragraph.
21 171. In response to paragraph 171 of the Complaint, these answering defendants
22 deny the allegations set forth in this paragraph.
23 172. In response to paragraph 172 of the Complaint, these answering defendants
24 deny the allegations set forth in this paragraph.
25 173. In response to paragraph 173 of the Complaint, these answering defendants
26 deny the allegations set forth in this paragraph.
1 174. In response to paragraph 174 of the Complaint, these answering defendants
2 deny the allegations set forth in this paragraph.
3 FOURTH CAUSE OF ACTION
4 Failure to Furnish Medical Care (Cal. Gov. Code § 845.6)
(By Plaintiffs C.M., K.M., and ERIC MATILTON JR., individually and as successor in
5
interest, against Defendants AGRICOLA, HAWK and DOES 1-20)
6
7 175. In response to paragraph 175 of the Complaint, these answering defendants
8 re-allege and incorporate as if fully stated herein all paragraphs of this answer as if fully
9 set forth herein.
10 176. In response to paragraph 176 of the Complaint, these answering defendants
11 deny the allegations set forth in this paragraph.
12 177. In response to paragraph 177 of the Complaint, these answering defendants
13 deny the allegations set forth in this paragraph.
14 178. In response to paragraph 178 of the Complaint, these answering defendants
15 deny the allegations set forth in this paragraph.
16 179. In response to paragraph 179 of the Complaint, these answering defendants
17 deny the allegations set forth in this paragraph.
18 180. In response to paragraph 180 of the Complaint, these answering defendants
19 deny the allegations set forth in this paragraph.
20 181. In response to paragraph 181 of the Complaint, these answering defendants
21 deny the allegations set forth in this paragraph.
22 182. In response to paragraph 182 of the Complaint, these answering defendants
23 deny the allegations set forth in this paragraph.
24 183. In response to paragraph 183 of the Complaint, these answering defendants
25 deny the allegations set forth in this paragraph.
26 //
1 FIFTH CAUSE OF ACTION
Vicarious Liability for the Act or Omission of a Public Employee (Cal. Gov. Code §§
2 815.2(a), 820(a))
(By Plaintiffs C.M., K.M., and ERIC MATILTON JR., individually and as successor in
3
interest, against Defendants COUNTY OF HUMBOLDT, DOES 21-40)
4
5 184. In response to paragraph 184 of the Complaint, these answering defendants
6 re-allege and incorporate as if fully stated herein all paragraphs of this answer as if fully
7 set forth herein.
8 185. In response to paragraph 185 of the Complaint, these answering defendants
9 deny the allegations set forth in this paragraph.
10 186. In response to paragraph 186 of the Complaint, these answering defendants
11 deny the allegations set forth in this paragraph.
12 187. In response to paragraph 187 of the Complaint, these answering defendants
13 deny the allegations set forth in this paragraph.
14 188. In response to paragraph 188 of the Complaint, these answering defendants
15 deny the allegations set forth in this paragraph.
16 189. In response to paragraph 189 of the Complaint, these answering defendants
17 deny the allegations set forth in this paragraph.
18 190. In response to paragraph 190 of the Complaint, these answering defendants
19 deny the allegations set forth in this paragraph.
20 191. In response to paragraph 191 of the Complaint, these answering defendants
21 deny the allegations set forth in this paragraph.
22 192. In response to paragraph 192 of the Complaint, these answering defendants
23 deny the allegations set forth in this paragraph.
24 //
25 //
26 //
1 SIXTH CAUSE OF ACTION
Dependent Adult Neglect (Welf. Inst. Code § 15610.57)
2 (By Plaintiffs C.M., K.M., and ERIC MATILTON JR., individually and as successor in
interest, against Defendants COUNTY OF HUMBOLDT HAWK, AGRICOLA and
3
DOES 1-40)
4
5 193. In response to paragraph 193 of the Complaint, these answering defendants
6 re-allege and incorporate as if fully stated herein all paragraphs of this answer as if fully
7 set forth herein.
8 194. In response to paragraph 194 of the Complaint, these answering defendants
9 deny the allegations set forth in this paragraph.
10 195. In response to paragraph 195 of the Complaint, these answering defendants
11 deny the allegations set forth in this paragraph.
12 196. In response to paragraph 196 of the Complaint, these answering defendants
13 deny the allegations set forth in this paragraph.
14 197. In response to paragraph 197 of the Complaint, these answering defendants
15 deny the allegations set forth in this paragraph.
16 198. In response to paragraph 198 of the Complaint, these answering defendants
17 deny the allegations set forth in this paragraph.
18 199. In response to paragraph 199 of the Complaint, these answering defendants
19 deny the allegations set forth in this paragraph.
20 200. In response to paragraph 200 of the Complaint, these answering defendants
21 deny the allegations set forth in this paragraph.
22 201. In response to paragraph 201 of the Complaint, these answering defendants
23 deny the allegations set forth in this paragraph.
24 202. In response to paragraph 202 of the Complaint, these answering defendants
25 deny the allegations set forth in this paragraph.
26 203. In response to paragraph 203 of the Complaint, these answering defendants
1 deny the allegations set forth in this paragraph.
2 204. In response to paragraph 204 of the Complaint, these answering defendants
3 deny the allegations set forth in this paragraph.
4 205. In response to paragraph 205 of the Complaint, these answering defendants
5 deny the allegations set forth in this paragraph.
6 206. In response to paragraph 206 of the Complaint, these answering defendants
7 deny the allegations set forth in this paragraph.
8 207. In response to paragraph 207 of the Complaint, these answering defendants
9 deny the allegations set forth in this paragraph.
10 208. In response to paragraph 208 of the Complaint, these answering defendants
11 deny the allegations set forth in this paragraph.
12 209. In response to paragraph 209 of the Complaint, these answering defendants
13 deny the allegations set forth in this paragraph.
14 210. In response to paragraph 210 of the Complaint, these answering defendants
15 deny the allegations set forth in this paragraph.
16 211. In response to paragraph 211 of the Complaint, these answering defendants
17 deny the allegations set forth in this paragraph.
18 SEVENTH CAUSE OF ACTION
Medical Negligence
19 (By Plaintiffs C.M., K.M., and ERIC MATILTON JR., individually and as successor in
interest, against Defendant AGRICOLA and DOES 1-20)
20
21 212. In response to paragraph 212 of the Complaint, these answering defendants
22 are not named in the Seventh Cause of Action. In further response to paragraph 212 of
23 the Complaint, these answering defendants re-allege and incorporate as if fully stated
24 herein all paragraphs of this answer as if fully set forth herein.
25 213. In response to paragraph 213 of the Complaint, these answering defendants
26 are not named in the Seventh Cause of Action. In further response to paragraph 213 of
1 the Complaint, these answering defendants deny the allegations set forth in this
2 paragraph.
3 214. In response to paragraph 214 of the Complaint, these answering defendants
4 are not named in the Seventh Cause of Action. In further response to paragraph 214 of
5 the Complaint, these answering defendants deny the allegations set forth in this
6 paragraph.
7 215. In response to paragraph 215 of the Complaint, these answering defendants
8 are not named in the Seventh Cause of Action. In further response to paragraph 215 of
9 the Complaint, these answering defendants deny the allegations set forth in this
10 paragraph.
11 216. In response to paragraph 216 of the Complaint, these answering defendants
12 are not named in the Seventh Cause of Action. In further response to paragraph 216 of
13 the Complaint, these answering defendants deny the allegations set forth in this
14 paragraph.
15 217. In response to paragraph 217 of the Complaint, these answering defendants
16 are not named in the Seventh Cause of Action. In further response to paragraph 217 of
17 the Complaint, these answering defendants deny the allegations set forth in this
18 paragraph.
19 218. In response to paragraph 218 of the Complaint, these answering defendants
20 are not named in the Seventh Cause of Action. In further response to paragraph 218 of
21 the Complaint, these answering defendants deny the allegations set forth in this
22 paragraph.
23 219. In response to paragraph 219 of the Complaint, these answering defendants
24 are not named in the Seventh Cause of Action. In further response to paragraph 219 of
25 the Complaint, these answering defendants deny the allegations set forth in this
26 paragraph.
1 220. In response to paragraph 220 of the Complaint, these answering defendants
2 are not named in the Seventh Cause of Action. In further response to paragraph 220 of
3 the Complaint, these answering defendants deny the allegations set forth in this
4 paragraph.
5 221. In response to paragraph 221 of the Complaint, these answering defendants
6 are not named in the Seventh Cause of Action. In further response to paragraph 221 of
7 the Complaint, these answering defendants deny the allegations set forth in this
8 paragraph.
9 222. In response to paragraph 222 of the Complaint, these answering defendants
10 are not named in the Seventh Cause of Action. In further response to paragraph 222 of
11 the Complaint, these answering defendants deny the allegations set forth in this
12 paragraph.
13 223. In response to paragraph 223 of the Complaint, these answering defendants
14 are not named in the Seventh Cause of Action. In further response to paragraph 223 of
15 the Complaint, these answering defendants deny the allegations set forth in this
16 paragraph.
17 EIGHTH CAUSE OF ACTION
Medical Negligence
18 (By Plaintiffs C.M., K.M., and ERIC MATILTON JR., individually and as successor in
interest, against Defendant HAWK and DOES 1-20)
19
20 224. In response to paragraph 224 of the Complaint, these answering defendants
21 re-allege and incorporate as if fully stated herein all paragraphs of this answer as if fully
22 set forth herein.
23 225. In response to paragraph 225 of the Complaint, these answering defendants
24 admit that Hawk was an associate marriage and family therapist at certain times. The
25 Answering defendants deny the remaining allegations set forth in this paragraph.
26 //
1 226. In response to paragraph 226 of the Complaint, these answering defendants
2 deny the allegations set forth in this paragraph.
3 227. In response to paragraph 227 of the Complaint, these answering defendants
4 deny the allegations set forth in this paragraph.
5 228. In response to paragraph 228 of the Complaint, these answering defendants
6 deny the allegations set forth in this paragraph.
7 229. In response to paragraph 229 of the Complaint, these answering defendants
8 deny the allegations set forth in this paragraph.
9 230. In response to paragraph 230 of the Complaint, these answering defendants
10 deny the allegations set forth in this paragraph.
11 231. In response to paragraph 231 of the Complaint, these answering defendants
12 deny the allegations set forth in this paragraph.
13 232. In response to paragraph 232 of the Complaint, these answering defendants
14 deny the allegations set forth in this paragraph.
15 233. In response to paragraph 233 of the Complaint, these answering defendants
16 deny the allegations set forth in this paragraph.
17 234. In response to paragraph 234 of the Complaint, these answering defendants
18 deny the allegations set forth in this paragraph.
19 235. In response to paragraph 235 of the Complaint, these answering defendants
20 deny the allegations set forth in this paragraph.
21 NINTH CAUSE OF ACTION
Violation of Fourteenth Amendment Right to Familial Association and
22 Companionship (42 U.S.C. § 1983)
(By Plaintiffs ERIC MATILTON, JR., C.M., and K.M., individually, against
23
Defendants AGRICOLA and DOES 1-20)
24
25 236. In response to paragraph 236 of the Complaint, these answering defendants
26 are not named in the Ninth Cause of Action. In further response to paragraph 236 of the
1 Complaint, these answering defendants re-allege and incorporate as if fully stated herein
2 all paragraphs of this answer as if fully set forth herein.
3 237. In response to paragraph 237 of the Complaint, these answering defendants
4 are not named in the Ninth Cause of Action. In further response to paragraph 237 of the
5 Complaint, these answering defendants deny the allegations set forth in this paragraph.
6 238. In response to paragraph 238 of the Complaint, these answering defendants
7 are not named in the Ninth Cause of Action. In further response to paragraph 238 of the
8 Complaint, these answering defendants deny the allegations set forth in this paragraph.
9 239. In response to paragraph 239 of the Complaint, these answering defendants
10 are not named in the Ninth Cause of Action. In further response to paragraph 239 of the
11 Complaint, these answering defendants deny the allegations set forth in this paragraph.
12 240. In response to paragraph 240 of the Complaint, these answering defendants
13 are not named in the Ninth Cause of Action. In further response to paragraph 240 of the
14 Complaint, these answering defendants deny the allegations set forth in this paragraph.
15 241. In response to paragraph 241 of the Complaint, these answering defendants
16 are not named in the Ninth Cause of Action. In further response to paragraph 241 of the
17 Complaint, these answering defendants deny the allegations set forth in this paragraph.
18 242. In response to paragraph 242 of the Complaint, these answering defendants
19 are not named in the Ninth Cause of Action. In further response to paragraph 242 of the
20 Complaint, these answering defendants deny the allegations set forth in this paragraph.
21 243. In response to paragraph 243 of the Complaint, these answering defendants
22 are not named in the Ninth Cause of Action. In further response to paragraph 243 of the
23 Complaint, these answering defendants deny the allegations set forth in this paragraph.
24 244. In response to paragraph 244 of the Complaint, these answering defendants
25 are not named in the Ninth Cause of Action. In further response to paragraph 244 of the
26 Complaint, these answering defendants deny the allegations set forth in this paragraph.
1 245. In response to paragraph 245 of the Complaint, these answering defendants
2 are not named in the Ninth Cause of Action. In further response to paragraph 245 of the
3 Complaint, these answering defendants deny the allegations set forth in this paragraph.
4 246. In response to paragraph 246 of the Complaint, these answering defendants
5 are not named in the Ninth Cause of Action. In further response to paragraph 246 of the
6 Complaint, these answering defendants deny the allegations set forth in this paragraph.
7 247. In response to paragraph 247 of the Complaint, these answering defendants
8 are not named in the Ninth Cause of Action. In further response to paragraph 247 of the
9 Complaint, these answering defendants deny the allegations set forth in this paragraph.
10 248. In response to paragraph 248 of the Complaint, these answering defendants
11 are not named in the Ninth Cause of Action. In further response to paragraph 248 of the
12 Complaint, these answering defendants deny the allegations set forth in this paragraph.
13 249. In response to paragraph 249 of the Complaint, these answering defendants
14 are not named in the Ninth Cause of Action. In further response to paragraph 249 of the
15 Complaint, these answering defendants deny the allegations set forth in this paragraph.
16 250. In response to paragraph 250 of the Complaint, these answering defendants
17 are not named in the Ninth Cause of Action. In further response to paragraph 250 of the
18 Complaint, these answering defendants deny the allegations set forth in this paragraph.
19 251. In response to paragraph 251 of the Complaint, these answering defendants
20 are not named in the Ninth Cause of Action. In further response to paragraph 251 of the
21 Complaint, these answering defendants deny the allegations set forth in this paragraph.
22 252. In response to paragraph 252 of the Complaint, these answering defendants
23 are not named in the Ninth Cause of Action. In further response to paragraph 252 of the
24 Complaint, these answering defendants deny the allegations set forth in this paragraph.
25 //
26 //
1 253. In response to paragraph 253 of the Complaint, these answering defendants
2 are not named in the Ninth Cause of Action. In further response to paragraph 252 of the
3 Complaint, these answering defendants deny the allegations set forth in this paragraph.
4 TENTH CAUSE OF ACTION
Violation of Fourteenth Amendment Right to Familial Association and
5
Companionship (42 U.S.C. § 1983)
6 (By Plaintiffs ERIC MATILTON, JR., C.M., and K.M., individually, against
Defendants HAWK and DOES 1-20)
7
8 254. In response to paragraph 254 of the Complaint, these answering defendants
9 re-allege and incorporate as if fully stated herein all paragraphs of this answer as if fully
10 set forth herein.
11 255. In response to paragraph 255, these answering defendants lack sufficient
12 information or knowledge to respond to the allegations of said paragraph, and on this
13 basis generally and specifically deny them.
14 256. In response to paragraph 256, these answering defendants deny the
15 allegations set forth in this paragraph.
16 257. In response to paragraph 257, these answering defendants deny the
17 allegations set forth in this paragraph.
18 258. In response to paragraph 258, these answering defendants deny the
19 allegations set forth in this paragraph.
20 259.In response to paragraph 259, these answering defendants deny the
21 allegations set forth in this paragraph.
22 260. In response to paragraph 260, these answering defendants deny the
23 allegations set forth in this paragraph.
24 261. In response to paragraph 261, these answering defendants deny the
25 allegations set forth in this paragraph.
26 //
1 262. In response to paragraph 262, these answering defendants deny the
2 allegations set forth in this paragraph.
3 263. In response to paragraph 263, these answering defendants deny the
4 allegations set forth in this paragraph.
5 264. In response to paragraph 264, these answering defendants deny the
6 allegations set forth in this paragraph.
7 265. In response to paragraph 265, these answering defendants deny the
8 allegations set forth in this paragraph.
9 266. In response to paragraph 266, these answering defendants deny the
10 allegations set forth in this paragraph.
11 267. In response to paragraph 267, these answering defendants deny the
12 allegations set forth in this paragraph.
13 268. In response to paragraph 268, these answering defendants deny the
14 allegations set forth in this paragraph.
15 269. In response to paragraph 269, these answering defendants deny the
16 allegations set forth in this paragraph.
17 ELEVENTH CAUSE OF ACTION
Violation of Fourteenth Amendment Right to Familial Association and
18 Companionship (42 U.S.C. § 1983)
(By Plaintiffs ERIC MATILTON, JR., C.M., and K.M., individually, against
19
Defendants COUNTY OF HUMBOLDT and DOES 21-40)
20
21 270. In response to paragraph 270 of the Complaint, these answering defendants
22 re-allege and incorporate as if fully stated herein all paragraphs of this answer as if fully
23 set forth herein.
24 271. In response to paragraph 271, these answering defendants lack sufficient
25 information or knowledge to respond to the allegations of said paragraph, and on this
26 basis generally and specifically deny them.
1 272. In response to paragraph 272, these answering defendants deny the
2 allegations set forth in this paragraph.
3 273. In response to paragraph 273, these answering defendants deny the
4 allegations set forth in this paragraph.
5 274. In response to paragraph 274, these answering defendants deny the
6 allegations set forth in this paragraph.
7 275. In response to paragraph 275, these answering defendants deny the
8 allegations set forth in this paragraph.
9 276. In response to paragraph 276, these answering defendants deny the
10 allegations set forth in this paragraph.
11 277. In response to paragraph 277 of the Complaint, these answering defendants
12 deny the allegations set forth in this paragraph.
13 278. In response to paragraph 278 of the Complaint, these answering defendants
14 deny the allegations set forth in this paragraph.
15 279. In response to paragraph 279, these answering defendants deny the
16 allegations set forth in this paragraph.
17 280. In response to paragraph 280 of the Complaint, these answering defendants
18 deny the allegations set forth in this paragraph.
19 281. In response to paragraph 281 of the Complaint, these answering defendants
20 deny the allegations set forth in this paragraph.
21 282. In response to paragraph 282, these answering defendants deny the
22 allegations set forth in this paragraph.
23 283. In response to paragraph 283, these answering defendants deny the
24 allegations set forth in this paragraph.
25 284. In response to paragraph 284, these answering defendants deny the
26 allegations set forth in this paragraph.
1 285. In response to paragraph 285, these answering defendants deny the
2 allegations set forth in this paragraph.
3 286. In response to paragraph 286, these answering defendants deny the
4 allegations set forth in this paragraph.
5 287. In response to paragraph 287, these answering defendants deny the
6 allegations set forth in this paragraph.
7 288. In response to paragraph 288, these answering defendants deny the
8 allegations set forth in this paragraph.
9 289. In response to paragraph 289, these answering defendants deny the
10 allegations set forth in this paragraph.
11 290. In response to paragraph 290, these answering defendants deny the
12 allegations set forth in this paragraph.
13 291. In response to paragraph 291, these answering defendants deny the
14 allegations set forth in this paragraph.
15 292. In response to paragraph 292, these answering defendants deny the
16 allegations set forth in this paragraph.
17 293. In response to paragraph 293, these answering defendants deny the
18 allegations set forth in this paragraph.
19 TWELFTH CAUSE OF ACTION
Injunctive Relief
20 (By Plaintiffs against Defendants COUNTY OF HUMBOLDT and DOES 21-40)
21
22 294. No response is required to paragraphs 294, 295, 296, 297, 298, and 299 as
23 all claims for injunctive relief have been dismissed with prejudice pursuant to the
24 Court’s Order, Dkt. No. 37.
25 //
26 //
1 REQUEST FOR RELIEF
2 The answering defendants deny plaintiffs requested relief set forth in paragraphs
3 300 through 307 and affirmatively request that judgment be entered in favor of the
4 answering defendants as set forth more specifically below.
5 AFFIRMATIVE DEFENSES
6 AS AND FOR A FIRST SEPARATE AND AFFIRMATIVE DEFENSE, these
7 answering defendants allege on information and belief that the Complaint, and each
8 cause of action therein, fails to state facts sufficient to constitute a cause of action;
9 AS AND FOR A SECOND SEPARATE AND AFFIRMATIVE DEFENSE,
10 these answering defendants allege on information and belief that plaintiffs or plaintiffs’
11 decedent were at fault in and about the matters referred to in the Complaint and plaintiffs
12 or plaintiffs’ decedent failed to exercise ordinary care, caution, or prudence for their/his
13 own protection. The resulting injuries and damages, if any, plaintiffs sustained were
14 proximately caused by plaintiffs’ or plaintiffs’ decedent’s carelessness, negligence, or
15 other fault, and plaintiffs’ recovery, if any, must be reduced or eliminated accordingly;
16 AS AND FOR A THIRD SEPARATE AND AFFIRMATIVE DEFENSE, these
17 answering defendants allege on information and belief that third persons or entities,
18 other than the answering defendants, are responsible, in whole or in part, for plaintiffs’
19 injuries and damages, if any, and therefore, the answering defendants’ liability, if any,
20 must be assessed in proportion to the liability of the other responsible parties, and that
21 the answering defendant cannot be liable for more than his proportionate share of
22 plaintiffs’ non-economic damages, pursuant to California Civil Code section 1431.2 and
23 related provisions;
24 AS AND FOR A FOURTH SEPARATE AND AFFIRMATIVE DEFENSE,
25 these answering defendants allege on information and belief that plaintiffs have failed to
26 //
1 take reasonable and adequate steps to mitigate their damages and plaintiffs’ recovery
2 must be reduced accordingly;
3 AS AND FOR A FIFTH SEPARATE AND AFFIRMATIVE DEFENSE, and by
4 way of pleading comparative fault, these answering defendants allege that the plaintiffs
5 or plaintiffs’ decedent were careless and negligent concerning the matters set forth in the
6 complaint, and the injuries and damages incurred by plaintiffs, if any, were caused, in
7 whole or in part, by the plaintiffs’ or plaintiffs’ decedent’s negligence;
8 AS AND FOR A SIXTH SEPARATE AND AFFIRMATIVE DEFENSE, these
9 answering defendants allege on information and belief that plaintiffs or plaintiffs’
10 decedent assumed the risk of injury, expressly or by operation of law, thereby barring
11 any recovery of damages from these answering defendants;
12 AS AND FOR A SEVENTH SEPARATE AND AFFIRMATIVE DEFENSE,
13 these answering defendants allege on information and belief that plaintiffs have waived
14 any claims that they may have against the answering defendant by way of their known
15 actions;
16 AS AND FOR AN EIGHTH SEPARATE AND AFFIRMATIVE DEFENSE,
17 these answering defendants allege on information and belief that plaintiffs’ claims are
18 barred by the doctrine of unclean hands;
19 AS AND FOR A NINTH SEPARATE AND AFFIRMATIVE DEFENSE, these
20 answering defendants allege on information and belief that plaintiffs have released any
21 and all claims they may have against these answering defendants by way of an expressed
22 or implied release of such claims;
23 AS AND FOR A TENTH SEPARATE AND AFFIRMATIVE DEFENSE, these
24 answering defendants allege on information and belief that this Complaint, and each
25 cause of action set forth therein, are barred by the doctrine of laches;
26 //
1 AS AND FOR AN ELEVENTH SEPARATE AND AFFIRMATIVE DEFENSE,
2 these answering defendants allege on information and belief that they are entitled to
3 indemnity, express and equitable, and/or contribution from other parties named herein,
4 as well as parties not yet named, in accordance with the principles of indemnity and
5 contribution;
6 AS AND FOR A TWELFTH SEPARATE AND AFFIRMATIVE DEFENSE,
7 these answering defendants allege on information and belief that plaintiffs’ expenses for
8 past medical care and services have been paid by plaintiffs or by another independent
9 source, and the maximum amount plaintiffs may recover for that care is the amount paid
10 and accepted as payment in full by the medical care provider, despite the fact that it is
11 less than the prevailing market rate or rates otherwise charged by the provider for that
12 same care or those same services;
13 AS AND FOR A THIRTEENTH SEPARATE AND AFFIRMATIVE
14 DEFENSE, these answering defendants allege on information and belief that plaintiffs
15 are estopped from seeking any recovery from the answering defendant by reason of their
16 own conduct or the conduct of plaintiffs’ decedent;
17 AS AND FOR A FOURTEENTH SEPARATE AND AFFIRMATIVE
18 DEFENSE, these answering defendants allege on information and belief that the
19 answering defendants are entitled to absolute immunity and/or qualified immunity from
20 liability based on their good faith in the propriety of their actions and the reasonable
21 grounds for those beliefs, including the fact they did not violate any clearly established
22 law;
23 AS AND FOR A FIFTEENTH SEPARATE AND AFFIRMATIVE DEFENSE,
24 these answering defendants allege on information and belief that these answering
25 defendants’ acts were privileged under applicable statutes and case law;
26 //
1 AS AND FOR A SIXTEENTH SEPARATE AND AFFIRMATIVE DEFENSE,
2 these answering defendants allege on information and belief that plaintiffs or plaintiffs’
3 decedent were the sole and proximate cause of the happening of the incident and the
4 resultant alleged injuries and damages to plaintiffs, if any there be;
5 AS AND FOR A SEVENTEENTH SEPARATE AND AFFIRMATIVE
6 DEFENSE, these answering defendants allege on information and belief that pursuant to
7 California Government Code section 985, any judgment entered herein may be reduced
8 for collateral source payments paid or obligated to be paid for services or benefits that
9 were provided prior to the commencement of trial;
10 AS AND FOR AN EIGHTEENTH SEPARATE AND AFFIRMATIVE
11 DEFENSE, these answering defendants allege on information and belief that the
12 Complaint is barred in that any actions by the answering defendants were the result of
13 legitimate, justifiable exercise of police power which was exercised under the pressure
14 of public necessity;
15 AS AND FOR A NINETEENTH SEPARATE AND AFFIRMATIVE
16 DEFENSE, these answering defendants allege on information and belief that the
17 Complaint, and each cause of action set forth therein, are barred because at all times
18 relevant, defendants acted reasonably, and in good faith and without oppression, fraud,
19 or malice based upon all relevant facts and circumstances noted by defendants at the
20 time they acted;
21 AS AND FOR A TWENTIETH SEPARATE AND AFFIRMATIVE DEFENSE,
22 these answering defendants allege on information and belief that the Complaint, and
23 each of the causes of action alleged therein, are barred by the statute of limitations
24 applicable to actions brought under 42 U.S.C. § 1983 and state law, including, but not
25 limited to, California Code of Civil Procedure sections 335.1 and 352.1;
26 //
1 AS AND FOR A TWENTY-FIRST SEPARATE AND AFFIRMATIVE
2 DEFENSE, these answering defendants allege that the acts alleged in the Complaint did
3 not actually cause the injuries complained of by Plaintiffs. As such, defendants are not
4 liable for the injuries complained of herein;
5 AS AND FOR A TWENTY-SECOND SEPARATE AND AFFIRMATIVE
6 DEFENSE, these answering defendants allege that there is no proximate causation to
7 link the injuries complained of by plaintiffs with any actions on the part of defendants, if
8 any there may be, as alleged in the Complaint. As such, defendants are not liable for the
9 injuries complained of;
10 AS AND FOR A TWENTY-THIRD SEPARATE AND AFFIRMATIVE
11 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
12 Complaint, and each cause of action stated therein, are barred because defendants did
13 not deprive plaintiffs of any constitutional rights, did not set in motion a series of acts by
14 a subordinate or refuse to terminate a series of acts by a subordinate, did not enact
15 policies, customs or practices, did not fail to train, and did not ratify any purported
16 unconstitutional conduct;
17 AS AND FOR A TWENTY-FOURTH SEPARATE AND AFFIRMATIVE
18 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
19 Complaint, and each cause of action or claim therein, is barred by the immunities set
20 forth in California Government Code section 815;
21 AS AND FOR A TWENTY-FIFTH SEPARATE AND AFFIRMATIVE
22 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
23 Complaint, and each cause of action or claim therein, is barred by the immunities set
24 forth in California Government Code section 815.2(b) and related provisions;
25 AS AND FOR A TWENTY-SIXTH SEPARATE AND AFFIRMATIVE
26 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
1 Complaint, and each cause of action or claim therein, is barred by the immunities set
2 forth in California Government Code section 815.6;
3 AS AND FOR A TWENTY-SEVENTH SEPARATE AND AFFIRMATIVE
4 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
5 Complaint, and each cause of action or claim therein, is barred by the immunities set
6 forth in California Government Code section 818.2;
7 AS AND FOR A TWENTY-EIGHTH SEPARATE AND AFFIRMATIVE
8 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
9 Complaint, and each cause of action or claim therein, is barred by the immunities set
10 forth in California Government Code section 818.8;
11 AS AND FOR A TWENTY-NINTH SEPARATE AND AFFIRMATIVE
12 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
13 Complaint, and each cause of action or claim therein, is barred by the immunities set
14 forth in California Government Code section 820.2 in conjunction with California
15 Government Code section 815.2(b);
16 AS AND FOR A THIRTIETH SEPARATE AND AFFIRMATIVE DEFENSE,
17 these answering defendants allege on information and belief that plaintiffs’ Complaint,
18 and each cause of action or claim therein, is barred by the immunities set forth in
19 California Government Code section 820.25 in conjunction with California Government
20 Code section 815.2(b);
21 AS AND FOR A THIRTY-FIRST SEPARATE AND AFFIRMATIVE
22 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
23 Complaint, and each cause of action or claim therein, is barred by the immunities set
24 forth in California Government Code section 820.4 in conjunction with section 815.2(b);
25 AS AND FOR A THIRTY-SECOND SEPARATE AND AFFIRMATIVE
26 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
1 Complaint, and each cause of action or claim therein, is barred by the immunities set
2 forth in California Government Code section 820.6 in conjunction with section 815.2(b);
3 AS AND FOR A THIRTY-THIRD SEPARATE AND AFFIRMATIVE
4 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
5 Complaint, and each cause of action or claim therein, is barred by the immunities set
6 forth in California Government Code section 820.8 in conjunction with California
7 Government Code section 815.2(b);
8 AS AND FOR A THIRTY-FOURTH SEPARATE AND AFFIRMATIVE
9 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
10 Complaint, and each cause of action or claim therein, is barred by the immunities set
11 forth in California Government Code section 821 in conjunction with California
12 Government Code section 815.2(b);
13 AS AND FOR A THIRTY-FIFTH SEPARATE AND AFFIRMATIVE
14 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
15 Complaint, and each cause of action or claim therein, is barred by the immunities set
16 forth in California Government Code section 822.2 in conjunction with California
17 Government Code section 815.2(b);
18 AS AND FOR A THIRTY-SIXTH SEPARATE AND AFFIRMATIVE
19 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
20 Complaint, and each cause of action or claim therein, is barred by the immunities set
21 forth in California Government Code section 835;
22 AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE, the
23 answering defendants allege on information and belief that plaintiffs’ Complaint, and
24 each cause of action or claim therein, is barred by the immunities set forth in California
25 Government Code section 844.6;
26 //
1 AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE, the answering
2 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
3 action or claim therein, is barred by the immunities set forth in California Government
4 Code section 845;
5 AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE, the answering
6 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
7 action or claim therein, is barred by the immunities set forth in California Government
8 Code section 845.2;
9 AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE, the answering
10 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
11 action or claim therein, is barred by the immunities set forth in California Government
12 Code section 845.6;
13 AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE, the answering
14 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
15 action or claim therein, is barred by the immunities set forth in California Government
16 Code section 845.8;
17 AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE, answering
18 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
19 action or claim therein, is barred by the immunities set forth in California Government
20 Code section 846;
21 AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE, the answering
22 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
23 action or claim therein, is barred by the immunities set forth in California Government
24 Code section 855.6;
25 AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE, the answering
26 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
1 action or claim therein, is barred by the immunities set forth in California Government
2 Code section 855.8;
3 AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE, the answering
4 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
5 action or claim therein, is barred by the immunities set forth in California Government
6 Code section 856;
7 AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE, the answering
8 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
9 action or claim therein, is barred by the immunities set forth in California Government
10 Code section 856.4;
11 AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE, the
12 answering defendants allege on information and belief that plaintiffs’ Complaint, and
13 each cause of action or claim therein, is barred by the immunities set forth in California
14 Penal Code section 834;
15 AS AND FOR A FORTY-EIGHTH AFFIRMATIVE DEFENSE, the answering
16 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
17 action or claim therein, is barred by the immunities set forth in California Penal Code
18 section 834a;
19 AS AND FOR A FORTY-NINTH AFFIRMATIVE DEFENSE, the answering
20 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
21 action or claim therein, is barred by the immunities set forth in California Penal Code
22 section 835;
23 AS AND FOR A FIFTIETH AFFIRMATIVE DEFENSE, the answering
24 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
25 action or claim therein, is barred by the immunities set forth in California Penal Code
26 section 835a;
1 AS AND FOR A FIFTY-FIRST AFFIRMATIVE DEFENSE, the answering
2 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
3 action or claim therein, is barred by the immunities set forth in California Penal Code
4 section 836;
5 AS AND FOR A FIFTY-SECOND AFFIRMATIVE DEFENSE, the answering
6 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
7 action or claim therein, is barred by the immunities set forth in California Penal Code
8 section 836.5;
9 AS AND FOR A FIFTY-THIRD AFFIRMATIVE DEFENSE, the answering
10 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
11 action or claim therein, is barred by the immunities set forth in California Penal Code
12 section 840;
13 AS AND FOR A FIFTY-FOURTH AFFIRMATIVE DEFENSE, the answering
14 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
15 action or claim therein, is barred by the immunities set forth in California Welfare and
16 Institutions Code section 5278;
17 AS AND FOR A FIFTY-FIFTH AFFIRMATIVE DEFENSE, the answering
18 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
19 action or claim therein, is barred by the immunities set forth in California Health and
20 Safety Code section 1799.106;
21 AS AND FOR A FIFTY-SIXTH AFFIRMATIVE DEFENSE, the answering
22 defendants allege on information and belief that plaintiffs’ Complaint, and each cause of
23 action or claim therein, is barred by the immunities set forth in California Health and
24 Safety Code section 1799.107;
25 AS AND FOR A FIFTY-SEVENTH SEPARATE AND AFFIRMATIVE
26 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
1 Complaint, and each cause of action stated therein, are barred by the doctrine of issue
2 preclusion or collateral estoppel;
3 AS AND FOR A FIFTY-EIGHTH SEPARATE AND AFFIRMATIVE
4 DEFENSE, these answering defendants allege on information and belief that these
5 answering defendants are entitled to qualified immunity from liability on the ground that
6 any purported violation of any right was not clearly established;
7 AS AND FOR A FIFTY-NINTH SEPARATE AND AFFIRMATIVE
8 DEFENSE, these answering defendants allege on information and belief that the conduct
9 of plaintiffs, plaintiffs’ decedent or third parties constituted intervening and superseding
10 cause(s) for plaintiffs’ claimed injuries and, as a result, defendants are not liable;
11 AS AND FOR A SIXTIETH SEPARATE AND AFFIRMATIVE DEFENSE,
12 these answering defendants allege on information and belief that no relief may be
13 obtained under the Complaint, by virtue of the fact that any injury, damages or loss
14 allegedly sustained by plaintiffs, if any, was a direct and proximate result of their
15 decedents’ own intentional conduct and actions;
16 AS AND FOR A SIXTY-FIRST SEPARATE AND AFFIRMATIVE DEFENSE,
17 these answering defendants allege on information and belief that plaintiffs’ damages, if
18 any, are barred because plaintiffs’ injuries and damages were unforeseeable;
19 AS AND FOR A SIXTY-SECOND SEPARATE AND AFFIRMATIVE
20 DEFENSE, these answering defendants allege on information and belief, to the extent
21 any state claim is advanced by plaintiffs, it is made outside the time frame of six (6)
22 months prior to the submission of an administrative claim, and plaintiff failed to comply
23 with the applicable provisions of Government Code §§ 900, et seq., and 911 et seq.,
24 including, but not limited to, Government Code §§ 911.2, 945.4, 945.6 (a)(1) and (2), by
25 failing to present a timely claim and/or failing to timely file an action after notice of
26 rejection of a claim;
1 AS AND FOR A SIXTY-THIRD SEPARATE AND AFFIRMATIVE
2 DEFENSE, these answering defendants allege on information and belief plaintiffs have
3 been denied no federally protected civil right without due process of law, since due
4 process exists in the form of adequate remedies at law;
5 AS AND FOR A SIXTY-FOURTH SEPARATE AND AFFIRMATIVE
6 DEFENSE, these answering defendants allege on information and belief the answering
7 defendants’ acts were reasonable and/or did not constitute deliberate indifference which
8 shocks the conscious within the meaning of the Fourteenth Amendment and cases which
9 interpret it;
10 AS AND FOR A SIXTY-FIFTH SEPARATE AND AFFIRMATIVE DEFENSE,
11 these answering defendants allege on information and belief that these answering
12 defendants, their agents, servants, and representatives, did not engage in any policy or
13 practice violative of the civil rights of the plaintiffs or plaintiffs’ decedent;
14 AS AND FOR A SIXTY-SIXTH SEPARATE AND AFFIRMATIVE
15 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
16 maintenance of this action is frivolous, vexatious, and unreasonable, thereby entitling
17 the defendants to sanctions and appropriate remedies, including without limitation
18 attorneys’ fees, against plaintiff;
19 AS AND FOR A SIXTY-SEVENTH SEPARATE AND AFFIRMATIVE
20 DEFENSE, these answering defendants allege on information and belief that plaintiffs
21 lack standing to seek the relief sought in the Complaint.
22 AS AND FOR A SIXTY-EIGHTH SEPARATE AND AFFIRMATIVE
23 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
24 Complaint is barred by the doctrine of avoidable consequences.
25 //
26 //
1 AS AND FOR A SIXTY-NINTH SEPARATE AND AFFIRMATIVE
2 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
3 Complaint does not rise to the level of a constitutional statutory violation.
4 AS AND FOR A SEVENTIETH SEPARATE AND AFFIRMATIVE DEFENSE,
5 these answering defendants allege on information and belief that defendants cannot be
6 held vicariously liable for the acts of others under 42 U.S.C. §1983.
7 AS AND FOR A SEVENTY-FIRST SEPARATE AND AFFIRMATIVE
8 DEFENSE, these answering defendants allege on information and belief that plaintiffs’
9 claims, and each of them, are barred by the doctrines of express or implied consent.
10 AS AND FOR A SEVENTY-SECOND SEPARATE AND AFFIRMATIVE
11 DEFENSE, these answering defendants allege on information and belief that there were
12 intervening and/or superseding causes.
13 AS AND FOR A SEVENTY-THIRD SEPARATE AND AFFIRMATIVE
14 DEFENSE, these answering defendants allege on information and belief that plaintiffs
15 have been denied no federally protected civil right without due process of law, since due
16 process exists in the form of adequate remedies at law.
17 AS AND FOR A SEVENTY-FOURTH SEPARATE AND AFFIRMATIVE
18 DEFENSE, these answering defendants allege on information and belief that to the
19 extent plaintiffs suffered any detriment, such was unavoidable.
20 AS AND FOR A SEVENTY-FIFTH SEPARATE AND AFFIRMATIVE
21 DEFENSE, these answering defendants allege on information and belief that the
22 answering defendants did not owe a duty of care to plaintiffs and did not have a special
23 relationship to any person alleged in the Complaint so as to give rise to any duty running
24 to any person.
25 AS AND FOR A SEVENTY-SIXTH SEPARATE AND AFFIRMATIVE
26 DEFENSE, these answering defendants allege on information and belief that these
1 answering defendants had no duty to administer medical aid or assistance to plaintiffs or
2 plaintiffs’ decedent and, to the extent that any such duty existed, that the answering
3 defendants acted reasonably and without gross negligence or deliberate indifference.
4 AS AND FOR A SEVENTY-SEVENTH SEPARATE AND AFFIRMATIVE
5 DEFENSE, these answering defendants allege on information and belief that all actions
6 taken during the incident complained of were taken in response to an emergency
7 situation.
8 AS AND FOR A SEVENTY-EIGHTH SEPARATE AND AFFIRMATIVE
9 DEFENSE, these answering defendants allege on information and belief that the
10 answering defendants did not act with malicious intent to deprive any person of a
11 constitutional right or to cause injury, and therefore are not liable.
12 AS AND FOR A SEVENTY-NINTH SEPARATE AND AFFIRMATIVE
13 DEFENSE, these answering defendants allege on information and belief that the
14 answering defendants’ conduct occurred in the proper exercise of the officer’s job duties
15 and police powers without malice or intent to deprive any person of any right arising
16 under the Constitution or laws of the United States or State of California, or to do any
17 person any other injury.
18 AS AND FOR AN EIGHTIETH SEPARATE AND AFFIRMATIVE DEFENSE,
19 these answering defendants allege on information and belief that these answering
20 defendants will be entitled to reasonable attorneys’ fees and costs of suit upon prevailing
21 within the meaning of 42 U.S.C. § 1988.
22 AS AND FOR AN EIGHTY-FIRST SEPARATE AND AFFIRMATIVE
23 DEFENSE, these answering defendants allege on information and belief that each
24 defendant acted independently and not in association or concert with or as agent or
25 servant of any other defendant, including any sued herein under fictitious names, or of
26 the employees or agents of other defendants.
1 AS AND FOR AN EIGHTY-SECOND SEPARATE AND AFFIRMATIVE
2 DEFENSE, these answering defendants allege on information and belief that answering
3 defendants were at all times acting within the course and scope of duty of public
4 employment.
5 AS AND FOR AN EIGHTY-THIRD SEPARATE AND AFFIRMATIVE
6 DEFENSE, the answering defendants assert on information and belief that they may
7 elect to introduce evidence of any amounts paid or payable, if any, as a benefit to
8 Plaintiff pursuant to California Civil Code section 3333.1.
9 AS AND FOR AN EIGHTY-FOURTH SEPARATE AND AFFIRMATIVE
10 DEFENSE, the answering defendants assert on information and belief that plaintiffs’
11 claims for damages are subject to California Civil Code section 3333.2.
12 AS AND FOR AN EIGHTY-FIFTH SEPARATE AND AFFIRMATIVE
13 DEFENSE the answering defendants assert on information and belief that neither a
14 public entity nor a public employee is liable for his or her act or omission, exercising
15 due care, in the execution or enforcement of any law.
16 AS AND FOR AN EIGHTY-SIXTH SEPARATE AND AFFIRMATIVE
17 DEFENSE, the answering defendants assert on information and belief that neither a
18 public entity nor a public employee is liable for any injury resulting from his act or
19 omission where the act or omission was the result of the exercise of the discretion vested
20 in him or her.
21 AS AND FOR AN EIGHTY-SEVENTH SEPARATE AND AFFIRMATIVE
22 DEFENSE, the answering defendants assert on information and belief plaintiffs’ claims
23 and damages are governed by the Medical Injury Compensation Reform Act of 1975
24 (“MICRA”), including but not limited to the cap on damages for non-economic losses as
25 specified by California Civil Code section 3333.2 and all other MICRA provisions
26 regarding claims against Defendants or other persons covered by MICRA.
1 AS AND FOR AN EIGHTY-EIGHTH SEPARATE AND AFFIRMATIVE
2 DEFENSE, the answering defendants assert on information and belief that the
3 Complaint and all claims for relief therein should be dismissed on the ground that
4 Plaintiff may have failed to join necessary and indispensable parties.
5 AS AND FOR AN EIGHTY-NINTH SEPARATE AND AFFIRMATIVE
6 DEFENSE, the answering defendants assert on information and belief that Plaintiffs’
7 claims, and each of them, as set forth in the Complaint, are barred because plaintiffs
8 have failed to state any claim upon which relief can be granted in that negligence in
9 diagnosing or treating a medical condition, or otherwise, does not state a valid claim for
10 a federal civil rights violation. Parratt v. Taylor, 451 U.S. 527 (1981).
11 AS AND FOR A NINETIETH SEPARATE AND AFFIRMATIVE DEFENSE,
12 the answering defendants assert on information and belief that the answering defendants
13 are not liable to plaintiffs, in whole or in part, because the losses or harm that the
14 Plaintiff has allegedly suffered was not caused by any act or omission of answering
15 defendants.
16 AS AND FOR A NINETY-FIRST SEPARATE AND AFFIRMATIVE
17 DEFENSE, the answering defendants assert on information and belief that plaintiffs
18 failed to give notice to the answering defendants in connection with the filing of certain
19 of the claims that require notice.
20 AS AND FOR A NINETY-SECOND SEPARATE AND AFFIRMATIVE
21 DEFENSE, the answering defendants assert on information and belief that the
22 Complaint fails to state a cause of action for violation of 42 U.S.C. § 1983 under Monell
23 v. Dept. of Social Services, 436 U.S. 658 (1978). There can be no recovery for a federal
24 civil rights violation when there is no constitutional deprivation occurring pursuant to
25 governmental custom or policy. Id.
26 //
1 AS AND FOR A NINETY-THIRD SEPARATE AND AFFIRMATIVE
2 DEFENSE, the answering defendants assert on information and belief that plaintiffs do
3 not state a claim for deliberate indifference to a serious medical or mental health need
4 because a difference in opinion as to the need to pursue one course of treatment over
5 another is insufficient as a matter of law to establish deliberate indifference, and
6 plaintiffs cannot show that the course of treatment chosen was medically unacceptable
7 under the circumstances. Jackson v. McIntosh, 90 F.3d 330 (9th Cir. 1996); Sanchez v.
8 Vild, 891 F.2d 240, 242 (9th Cir. 1989).
9 AS AND FOR A NINETY-FOURTH SEPARATE AND AFFIRMATIVE
10 DEFENSE, the answering defendants assert on information and belief that all claims set
11 forth in the complaint and all causes of action set forth therein should be dismissed
12 because they cannot demonstrate decedent had an immediate need for medical care.
13 AS AND FOR A NINETY-FIFTH SEPARATE AND AFFIRMATIVE
14 DEFENSE, the answering defendants assert on information and belief that all claims set
15 forth in the complaint and all causes of action set forth therein should be dismissed
16 because they cannot demonstrate decedent was a dependent adult nor that these
17 answering defendants had a substantial caretaking or custodial relationship with
18 decedent.
19 These answering defendants cannot fully anticipate all affirmative defenses that
20 may be applicable to this action based on the conclusory allegations contained in the
21 Complaint. Accordingly, these answering defendants reserve the right to assert
22 additional defenses if and to the extent such affirmative defenses become applicable.
23 PRAYER FOR RELIEF
24 WHEREFORE, these answering defendants request that plaintiffs take nothing
25 by way of their Complaint herein, that these answering defendants have judgment
26 against plaintiffs, and further requests costs incurred, reasonable attorneys’ fees pursuant
1 to California Code of Civil Procedure sections 1021.7, 1038, 128.5 and 128.7, on the
2 ground that the purported state claims are brought without good faith belief that the facts
3 are applicable laws that support recovery and under Rule 11 and on the ground that the
4 action is brought without good faith belief that the facts or applicable law support
5 recovery; and for such further relief as the Court deems proper.
6 DATED: _________, 2026 THE MITCHELL LAW FIRM, LLP
7
8
By: / s / Nicholas R. Kloeppel
9 NICHOLAS R. KLOEPPEL
Attorneys for Defendants
10
COUNTY OF HUMBOLDT and
11 KELSEY HAWK
12
13 DEMAND FOR JURY TRIAL
14 These answering defendants demand a trial by jury on all issues triable to a jury.
15 DATED: _________, 2026 THE MITCHELL LAW FIRM, LLP
16
17
By: / s / Nicholas R. Kloeppel
18 NICHOLAS R. KLOEPPEL
Attorneys for Defendants
19
COUNTY OF HUMBOLDT and
20 KELSEY HAWK
21
22
23
24
25
26