Case 2:13-cv-00984-TON Document 2 Filed 03/19/13 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________________________________________
KHADIJAH WHITE
:
Plaintiffs,
:
CIVIL ACTION
:
NO. 13 CV 984
V.
:
:
CITY OF PHILADELPHIA, et al.,
:
Defendants.
:
____________________________________:___________________________________
DEFENDANTS ANSWER WITH AFFIRMATIVE DEFENSES
TO PLAINTIFFS COMPLAINT
Defendants, Cpt. Stephen Glenn, Police Officers Edward Ashburn, Christopher
Purnell, Charles Shelton, Dawn Lyles, Erick Garnett, Rhonda Congleton, Public Safety
Director Michael Resnick, and the City of Philadelphia (Answering Defendants) by and
through undersigned counsel, Armando Brigandi, answers plaintiffs complaint as
follows and asserts the following affirmative defenses:

1. Admitted as to jurisdiction.
2. Admitted based upon current information and belief.
3. Admitted.
4. Admitted in part and denied. Admitted that Michael Resnick is the Director
of Public Safety for the City of Philadelphia. All other allegations in this
paragraph constitute conclusions of law and/or plaintiffs statement of the case
and, therefore, require no response. To the extent that a response is required,
denied.
5. Admitted in part and denied. Admitted that the police officers who are named
in the complaint were at all times relevant to this action officers of the City of

Case 2:13-cv-00984-TON Document 2 Filed 03/19/13 Page 2 of 13

Philadelphia Police Department. All other allegations in this paragraph

constitute conclusions of law and/or plaintiffs statement of the case and,
therefore, require no response. To the extent that a response is required,
denied.
6. The allegations contained in these paragraphs do not require a response as
they are addressed to John Does who are fictitious individuals. Therefore, no
further answer is required. To the extent a response is required, these
allegations are denied.
ALLEGED FACTS
7. After reasonable investigation, answering defendants are without knowledge
or information sufficient to form a belief as to the truth of the averments
contained in this paragraph. All allegations are therefore denied.
8. Admitted in part and denied. Admitted that the topic of the hearing was
Mayor Nutters proposal to regulate the outdoor feeding of homeless people in
Philadelphia. As to all other allegations regarding plaintiffs intentions,
answering defendants are without knowledge or information sufficient to form
a belief as to the truth of the averments contained in this paragraph. All other
allegations are therefore denied.
9. After reasonable investigation, answering defendants are without knowledge
or information sufficient to form a belief as to the truth of the averments
contained in this paragraph. All allegations are therefore denied.

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10. As to plaintiffs intentions, answering defendants are without knowledge or

information sufficient to form a belief as to the truth of the averments
contained in this paragraph. All allegations are therefore denied.
11. As to plaintiffs intentions and her observations, answering defendants are
without knowledge or information sufficient to form a belief as to the truth of
the averments contained in this paragraph. All allegations are therefore
denied.
12. Admitted in part and denied. Admitted that the hearing was on outdoor
feeding of the homeless and it was a public hearing. Admitted that anyone
who wished to speak would be permitted entry. All other allegations are
denied as inaccurate and misleading. It is admitted that defendant officers had
created a barricade. However, this was done in order to regulate the number
of persons permitted inside the MSB hearing room because the hearing room
was not large enough to accommodate all of the people at one time. As
people who were allowed into the hearing room left, additional people waiting
outside were allowed inside of the hearing.
13. Denied as inaccurate, incomplete and misleading.
14. Admitted that part of the incident was captured on video.
15. The allegations in this paragraph are denied as inaccurate and misleading.
16. These allegations are denied as untrue, inaccurate and misleading.
17. These allegations are denied as inaccurate, incomplete and misleading.

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18. Admitted in part and denied. Admitted that Officer Ashburn demanded that
Ms. White back her bike up. All other allegations in this paragraph are denied
as untrue, inaccurate and misleading.
19. These allegations are denied as untrue, inaccurate and misleading.
20. These allegations are denied as untrue, inaccurate and misleading.
21. Denied as inaccurate.
22. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.
23. Admitted in part and denied. Admitted that Cpt. Glenn, along with other
defendant officers, pulled Ms. White through the police line toward MSB. By
way of further answer, answering defendants have no knowledge or means of
ascertaining the truth or falsity of the allegations respecting the injuries,
sufferings and/or damages alleged to have been sustained by plaintiff and the
same are accordingly denied.
24. Admitted in part and denied. Admitted that Ms. White was taken through the
MSB building to an exit on Arch Street. All other allegations are denied as
inaccurate and misleading.
25. Admitted in part and denied. Admitted that Ms. White was arrested and
transported to the police district where she was arraigned on the charges listed
in this paragraph. All other allegations in this paragraph are denied as they
constitute conclusions of law and/or plaintiffs statement of the case and,

Case 2:13-cv-00984-TON Document 2 Filed 03/19/13 Page 5 of 13

therefore, require no response. To the extent that a response is required,

denied.
26. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.
27. These allegations are denied as untrue, inaccurate and misleading.
28. These allegations are denied as untrue, inaccurate and misleading.
29. These allegations are denied as untrue, inaccurate and misleading.
30. These allegations are denied as untrue, inaccurate and misleading.
31. These allegations are denied as untrue, inaccurate and misleading.
32. These allegations are denied as untrue, inaccurate and misleading.
33. These allegations are denied as untrue, inaccurate and misleading.
34. These allegations are denied as untrue, inaccurate and misleading.
35. Admitted based upon current information and belief.
36. Answering defendants are without knowledge or information sufficient to
form a belief as to the truth of the averments contained in this paragraph. All
allegations are therefore denied.
37. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.
38. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

Case 2:13-cv-00984-TON Document 2 Filed 03/19/13 Page 6 of 13

39. The allegations in this paragraph constitute conclusions of law and/or

plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.
40. Answering defendants have no knowledge or means of ascertaining the truth
or falsity of the allegations respecting the injuries, sufferings and/or damages
alleged to have been sustained by plaintiff and the same are accordingly
denied.
41. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.
42. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.
AS TO COUNT I
43. Paragraphs 1 through 42 are incorporated herein by reference as though fully
set forth herein.
44. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.
AS TO COUNT II
45. Paragraphs 1 through 44 are incorporated herein by reference as though fully
set forth herein.

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46. The allegations in this paragraph constitute conclusions of law and/or

plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT III
47. Paragraphs 1 through 46 are incorporated herein by reference as though fully
set forth herein.
48. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT IV
49. Paragraphs 1 through 48 are incorporated herein by reference as though fully
set forth herein.
50. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT V
51. Paragraphs 1 through 50 are incorporated herein by reference as though fully
set forth herein.

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52. The allegations in this paragraph constitute conclusions of law and/or

plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT VI
53. Paragraphs 1 through 52 are incorporated herein by reference as though fully
set forth herein.
54. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT VII
55. Paragraphs 1 through 54 are incorporated herein by reference as though fully
set forth herein.
56. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT VIII
57. Paragraphs 1 through 56 are incorporated herein by reference as though fully
set forth herein.

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58. The allegations in this paragraph constitute conclusions of law and/or

plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT IX
59. Paragraphs 1 through 58 are incorporated herein by reference as though fully
set forth herein.
60. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT X
61. Paragraphs 1 through 60 are incorporated herein by reference as though fully
set forth herein.
62. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

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AS TO COUNT XI
63. Paragraphs 1 through 62 are incorporated herein by reference as though fully
set forth herein.
64. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT XII
65. Paragraphs 1 through 64 are incorporated herein by reference as though fully
set forth herein.
66. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

AS TO COUNT XIII
67. Paragraphs 1 through 64 are incorporated herein by reference as though fully
set forth herein.
68. The allegations in this paragraph constitute conclusions of law and/or
plaintiffs statement of the case and, therefore, require no response. To the
extent that a response is required, denied.

Case 2:13-cv-00984-TON Document 2 Filed 03/19/13 Page 11 of 13

AS TO COUNT XIV
69. Paragraphs 1 through 68 are incorporated herein by reference as though fully
set forth herein.
70. These allegations are denied as untrue, inaccurate and misleading.
71. These allegations are denied as untrue, inaccurate and misleading.
72. These allegations are denied as untrue, inaccurate and misleading.
73. These allegations are denied as untrue, inaccurate and misleading.
74. These allegations are denied as untrue, inaccurate and misleading.
75. These allegations are denied as untrue, inaccurate and misleading.

DAMAGES
76. Denied that the plaintiff is entitled to any damages.

WHEREFORE, Answering Defendants deny liability upon all the

causes of action declared upon and demand judgment in their favor, plus interest and
costs.

AFFIRMATIVE DEFENSES

FIRST AFFIRMATIVE DEFENSE

Plaintiff has failed to state a claim upon which relief can be granted.

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SECOND AFFIRMATIVE DEFENSE

Answering defendant asserts all of the defenses, immunities, and limitations of
damages available to him under the Political Subdivision Tort Claims Act and aver that
Plaintiffs remedies are limited exclusively thereto. Act of Oct 5, 1980, No. 142, P.L.
693, 42 Pa. C.S.A. 8541 et seq.

THIRD AFFIRMATIVE DEFENSE

The individual defendants are immune from liability under the doctrine of
qualified immunity.

WHEREFORE, Answering Defendant denies liability upon all the

causes of action declared upon and demand judgment in their favor, plus interest and
costs.

Respectfully submitted,

__/s/ Armando Brigandi_______

ARMANDO BRIGANDI
Divisional Deputy City Solicitor
City of Philadelphia Law Department
Civil Rights Unit
1515 Arch Street, 14th Floor
Philadelphia, PA 19102
DATED: March 19, 2013

Case 2:13-cv-00984-TON Document 2 Filed 03/19/13 Page 13 of 13

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
________________________________________________________________________
KHADIJAH WHITE
:
Plaintiffs,
:
CIVIL ACTION
:
NO. 13 CV 984
V.
:
:
CITY OF PHILADELPHIA, et al.,
:
Defendants.
:
____________________________________:___________________________________

I, ARMANDO BRIGANDI, hereby certify that on this date, the foregoing

ANSWER WITH AFFIRMATIVE DEFENSES OF DEFENDANTS was electronically
filed and is available for viewing and downloading from the ECF system. A copy was
also served upon the following individuals by first class mail, postage prepaid, as
follows:
Lloyd Long III, Esq.
Krasner, Hughes & Long, LLC
1221 Locust Street
Philadelphia, PA 19107
Counsel for Plaintiff

DATED: March 19, 2013

__/s/ Armando Brigandi

ARMANDO BRIGANDI
Divisional Deputy City Solicitor