Attorney for Derrek Skinner, Pedro Hernandez and Jeanne Walker IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION
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1 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 1 of 11 Kevin Gillen Deputy Yellowstone County Attorney Yellowstone County Courthouse, Room 701 P.O. Box Billings, Montana (406) kgillen@co.yellowstone.mt.gov Attorney for Derrek Skinner, Pedro Hernandez and Jeanne Walker IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION MIGUEL ANGEL ) REYNAGA HERNANDEZ, ) Cause No. CV BLG-SPW-TJC ) Plaintiff, ) ANSWER TO COMPLAINT ) vs. ) ) DERREK SKINNER, et al, ) ) Defendants. ) ) Pursuant to 12(a)(1)(A)(i) / 12(a)(4)(A) of the Federal Rules of Civil Procedure, Derrek Skinner, Pedro Hernandez and Jeanne Walker answer Miguel Hernandez s complaint as follows: Introduction allegations in paragraph 1. They admit Miguel Hernandez attended a hearing before 1 of 11
2 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 2 of 11 Pedro Hernandez, Pedro Hernandez requested a deputy sheriff come to his courtroom and Skinner, a deputy sheriff, went to the courtroom. They deny the other allegations in the paragraph. allegations in paragraph 2. They admit there was not an arrest warrant for Miguel Hernandez. They deny the other allegations in the paragraph. allegations in paragraph 3. They admit Skinner placed Miguel Hernandez in his vehicle, Skinner contacted an employee of the United States Immigration and Customs Enforcement and transported him to the Yellowstone County Detention Facility. They deny the other allegations in the complaint. allegations in paragraph 4. They admit an employee of the United States Immigration and Customs Enforcement interviewed Miguel Hernandez in the Yellowstone County Detention Facility. They deny the other allegations in the paragraph. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 5. Skinner, Pedro Hernandez and Walker do not have to answer the statement in paragraph 6. Jurisdiction and Venue Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 7. 2 of 11
3 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 3 of 11 Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 8. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 9. Parties Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 10. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 11. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 12. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 13. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 14. Skinner, Pedro Hernandez and Walker do not have to answer the statement in paragraph 15. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 16. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 17. Skinner, Pedro Hernandez and Walker do not have to answer the statement in paragraph 18. Factual Allegations Order of Arrest by Pedro Hernandez Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 19. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph of 11
4 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 4 of 11 Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 21. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 22. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 23. allegations in paragraph 24. They admit Pedro requested a deputy sheriff come to the courtroom. They deny the other allegations in the paragraph. allegations in paragraph 25. They admit Pedro requested a deputy sheriff come to the courtroom. They deny the other allegations in the paragraph. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 26. allegations in paragraph 27. They admit Pedro talked to Skinner. They deny the other allegations in the paragraph. allegations in paragraph 28. They admit Pedro Hernandez talked to Skinner. They deny the other allegations in the paragraph. allegations in paragraph 29. They admit Pedro Hernandez did not issue a warrant for the arrest of Miguel Hernandez. They deny the other allegations in the paragraph. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph of 11
5 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 5 of 11 Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 31. allegations in paragraph 32. They admit that Pedro Hernandez presided over a court of limited jurisdiction. They deny the other allegations in the paragraph. Warrantless Arrest by Skinner Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 33. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 34. allegations in paragraph 35. They admit Skinner asked Miguel Hernandez for identification. They deny the other allegations in the paragraph. allegations in paragraph 36. They admit Skinner asked Miguel Hernandez his immigration status. They deny the other allegations in the paragraph. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 37. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 38. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 39. allegations in paragraph 40. They admit Skinner searched Miguel Hernandez. They deny the other allegations in the paragraph. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph of 11
6 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 6 of 11 Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 42. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 43. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 44. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 45. allegations in paragraph 46. They admit that Pedro Hernandez approached Skinner s vehicle. They deny the other allegations in the paragraph. allegations in paragraph 47. They admit that Skinner talked to an employee of the United States Immigration and Customs Enforcement. They deny the other allegations in the paragraph. allegations in paragraph 48. They admit that Skinner talked to an employee of the United States Immigration and Customs Enforcement and transported Miguel Hernandez to the Yellowstone County Detention Facility. They deny the other allegations in the paragraph. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 49. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 50. /// 6 of 11
7 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 7 of 11 allegations in paragraph 51. They admit that Miguel Hernandez did not have an arrest warrant. They deny the other allegations in the paragraph. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 52. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 53. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 54. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 55. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 56. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 57. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 58. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 59. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 60. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 61. /// /// 7 of 11
8 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 8 of 11 Causes of Action Count One Hernandez and Walker Skinner, Pedro Hernandez and Walker do not need to answer paragraph 1. To the extent they need to answer the paragraph, they re-plead their previous answers. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 2. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 3. allegations in paragraph 4. They admit that Pedro Hernandez presided over a court of limited jurisdiction. They deny the other allegations in the paragraph. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 5. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 6. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 7. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 8. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 9. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 10. Causes of Action Count Two - Skinner Skinner, Pedro Hernandez and Walker do not need to answer paragraph 11. To the extent they need to answer the paragraph, they re-plead their previous answers. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 12. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 13. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph of 11
9 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 9 of 11 Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 15. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 16. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 17. Skinner, Pedro Hernandez and Walker admit the allegations in paragraph 18. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 19. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 20. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 21. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 22. Skinner, Pedro Hernandez and Walker deny the allegations in paragraph 23. Skinner, Pedro Hernandez and Walker deny any allegation they have not explicitly admitted. Affirmative Defenses Pedro Hernandez has absolute judicial immunity. Skinner has qualified immunity. Skinner, Pedro Hernandez and Walker reserve the opportunity to present new affirmative defenses as new information warrants. Prayer for Relief Derrek Skinner, Pedro Hernandez and Jeanne Walker request the Court find that they did not violate any of Miguel Hernandez s United States Constitutional 9 of 11
10 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 10 of 11 rights, enter judgment in favor of them, award them their costs and attorney fees and grant whatever relief the Court deems appropriate under the circumstances. Request for a Jury Trial Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Derrek Skinner, Pedro Hernandez and Jeanne Walker request a trial by jury. Dated this 2nd day of April, /s/kevin Gillen Kevin Gillen Deputy Yellowstone County Attorney 10 of 11
11 Case 1:18-cv SPW Document 18 Filed 04/02/18 Page 11 of 11 Certificate of Service I certify that on the date below I served a copy of the to: 1,2 CM/ECF Hand Delivery Mail Overnight Delivery Service Fax 1. Clerk, U.S. District Court 2. Shahid Haque Border Crossing Law Firm 7 West 6 th Avenue, Ste. 2A Helena, MT Matt Adams, Leila Kang and Anne Recinos Northwest Immigration Rights Project 615 Second Avenue, Ste. 400 Seattle, WA Attorneys for Miguel Angel Reynaga Hernandez Dated this 2nd day of April, /s/kevin Gillen Kevin Gillen Deputy Yellowstone County Attorney 11 of 11
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