Anda di halaman 1dari 5

IN THE CIRCUIT COURT OF LEE COUNTY, MISSISSIPPI

MIKE SCOTT

PLAINTIFF

VS.

CAUSE NO. CV10-101(P)L

JAMES R. FRANKS, JR., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE MISSISSIPPI STATE DEMOCRATIC PARTY, AND ERIC HAMPTON, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE LEE COUNTY DEMOCRATIC EXECUTIVE COMMITTEE

DEFENDANTS

ANSWER OF DEFENDANT ERIC HAMPTON

COME NOW the Defendant, ERIC HAMPTON, by and through the undersigned

counsel, and files this Answer as follows:

FIRST AFFIRMATIVE DEFENSE

Pursuant to Miss. R. Civ. P. 12(b)(6) Plaintiff has failed to state a claim upon which

relief can be granted as to some or all of his claims against this Defendant.

SECOND AFFIRMATIVE DEFENSE

Some or all of Plaintiff’s claims are barred or limited by the doctrine of unclean hands.

THIRD AFFIRMATIVE DEFENSE

Defendant hereby asserts that Plaintiff’s Complaint must be dismissed for lack of

jurisdiction over the subject matter, pursuant to M.R.C.P. 12(b)(1).

FOURTH AFFIRMATIVE DEFENSE

Defendant hereby asserts that Plaintiff’s Complaint must be dismissed for lack of

jurisdiction over the person or parties, pursuant to M.R.C.P. 12(b)(2).

FIFTH AFFIRMATIVE DEFENSE

Defendant hereby asserts and affirmatively pleads that Plaintiff’s Complaint must

be dismissed due to contributory negligence, failure of consideration, estoppel, fraud, the

doctrine of immunity, laches, illegality, and/or waiver on the part of the Plaintiff.

AND NOW, having asserted his affirmative defenses, the Defendant, responds as

follows, paragraph by paragraph, to the allegations contained in the Complaint filed by

Plaintiff:

1. Defendant is without sufficient knowledge to admit or deny the allegations

contained in paragraph I of Plaintiff’s complaint, and therefore denies same.

2. Defendant admits the allegations contained in paragraph II of Plaintiff’s

complaint.

3. Defendant admits to being the Chairman of the Lee County Democratic

Executive Committee and a friend of Defendant Jamie R. Franks, Jr., who is the Chairman

of the Mississippi State Democratic Party. Defendant denies and asserts legal privilege as

to the remaining allegations of paragraph III of the Complaint.

4. Defendant admits that Plaintiff was elected Superintendent of Education of

Lee County, Mississippi on the Democratic ticket, in the election of 2007, but denies the

remaining allegations of paragraph IV of the Complaint.

5. Defendant

Complaint.

denies

the

allegations

2

contained

in

paragraph

V

of

the

6. Defendant admits he called a meeting of the Lee County Democratic

Executive Committee for July 12, 2010, but denies all other allegations in paragraph VI of

the Complaint and demands strict proof thereof.

7. Defendant

denies

the

allegations

Complaint and demands strict proof thereof.

contained

in

paragraph

VII

of

the

8. Defendant admits that he spoke to Defendant Franks on the telephone

during the July 12, 2010 meeting, but denies the remaining allegations contained in

paragraph VIII of the Complaint.

9. Defendant admits that he sent a letter to the Plaintiff on July 13, 2010 and

that he met with the Lee County School Board, but denies all other allegations contained in

paragraph IX of the Complaint.

10.

Defendant

denies

the

allegations

contained

in

paragraph

X

of

the

Complaint.

11.

Defendant

denies

the

allegations

contained

in

paragraph

XI

of

the

Complaint.

12.

Defendant would assert that paragraph XIII of the Complaint does not seem

to pertain to him; however, in the abundance of caution this Defendant hereby denies the

allegations contained in paragraph XIII of the Complaint.

13.

Defendant

denies

the allegations contained

in

paragraph

XIV

of the

Complaint.

14.

Defendant

denies

the

allegations

contained

in

paragraph

XV

of

the

Complaint.

3

15. Defendant denies the allegations contained in the unnumbered paragraph

beginning “WHEREFORE, PREMISES CONSIDERED,” of the complaint, including

subparagraphs (1), (2), and (3).

relief whatsoever.

Defendant further denies that Plaintiff is entitled to any

16. Additionally Defendant asserts any allegation contained in the Complaint

not specifically admitted or denied is hereby denied.

DATED this 20 th day of August 2010.

RESPECTFULLY SUBMITTED,

ERIC HAMPTON

/s/ Paul Chiniche

BY:

Paul Chiniche, MS Bar No. 101582 Chiniche Law Firm, PLLC Post Office Box 1202 Oxford, Mississippi 38655 Office: 662.234.4319 Fax: 662.281.8353 Email: pchiniche@gmail.com

4

CERTIFICATE OF SERVICE

I, PAUL CHINICHE, attorney for the Defendant, do hereby certify that I have this

date served via electronic means, a true and correct copy of the above and foregoing on the

following:

Jim Waide, Esq. (waide@waidelaw.com) Rachel M. Pierce, Esq (waide@waidelaw.com) Post Office Box 1357 Tupelo, Mississippi 38802 Attorneys for Plaintiff

SO CERTIFIED this 20 th day of August 2010.

/s/ Paul Chiniche

Paul Chiniche, MS Bar No. 101582 Chiniche Law Firm, PLLC Post Office Box 1202 Oxford, Mississippi 38655 Office: 662.234.4319 Fax: 662.281.8353 Email: pchiniche@gmail.com

5