ROY COOPER, in his official capacity as the Attorney General of North Carolina, et al.,
Defendants.
DEFENDANT CATAWBA COUNTY REGISTER OF DEEDS ANSWER AND AFFIRMATIVE DEFENSES
NOW COMES Defendant, Donna Hicks Spencer, in her official capacity as the Catawba County Register of Deeds, (hereinafter Defendant Spencer) without waiving any motions or defenses not set out herein, in answer to Plaintiffs Complaint. ANSWER AND FIRST AFFIRMATIVE DEFENSE
RESPONSE TO ENUMERATED PARAGRAPHS: 1. To the extent that the allegations in Paragraph 1 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 1, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 1 are denied. 2. Defendant Spencer is without sufficient knowledge or information to admit or deny Plaintiffs allegations in Paragraph 2. 3-8. To the extent that the allegations in these Paragraphs constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 1 of 23
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in Paragraphs 3 through 8, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 3 through 8 are denied. RESPONSE TO MARRIAGE
9. To the extent that the allegations in Paragraph 9 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 9, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 9 are denied. 10. The allegations contained in Paragraph 10 of the Plaintiffs Complaint are admitted upon information and belief. To the extent that the allegations in Paragraph 10 constitute conclusions of law, said conclusions are neither admitted nor denied. 11-12. To the extent that the allegations in Paragraphs 11 through 12 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 11 through 12, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 11 through 12 are denied. RESPONSE TO ADOPTION
13-15. To the extent that the allegations in Paragraphs 13 through 15 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 13 through 15, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 13 through 15 are denied.
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RESPONSE TO CONSTITUTIONAL VIOLATIONS 16. To the extent that the allegations in Paragraph 16 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 16, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 16 are denied. 17. To the extent that the allegations in Paragraph 17 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 17, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 17 are denied. In further response and defense of the Plaintiffs allegations in Paragraph 17, Defendant Spencer asserts the following with respect to subparagraphs 17(a) and 17(b) as follows: (a-b) To the extent that the allegations m subparagraphs 17(a) and 17(b) constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in subparagraphs 17(a) and 17(b), Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in subparagraphs 17(a) and 17(b) are denied. 18. Defendant Spencer is without sufficient knowledge or information to admit or deny Plaintiffs allegations in Paragraph 18. RESPONSE TO NATURE OF THE ACTION 19. To the extent that the allegations in Paragraph 19 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 19, Defendant Spencer is without sufficient knowledge or information to admit or Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 3 of 23
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deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 19 are denied. RESPONSE TO JURISDICTION AND VENUE 20. Upon information and belief, it is admitted that Plaintiffs are asserting a cause of action under 42 U.S.C 1983 pursuant to the Plaintiffs assertions in Paragraph 20. To the extent that the allegations in Paragraph 20 constitute conclusions of law, said conclusions are neither admitted nor denied. 21. To the extent that the allegations in Paragraph 21 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 21, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 21 are denied. 22. The allegations in Paragraph 22 are admitted as to Defendant Spencer and admitted as to the remaining Defendants, upon information and belief. 23. To the extent that the allegations in Paragraph 23 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 23, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 23 are denied. RESPONSE TO THE NORTH CAROLINA MARRIAGE LAWS RESPONSE TO THE NORTH CAROLINA MARRIAGE STATUTES 24. To the extent that the allegations in Paragraph 24 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 24, Defendant Spencer is without sufficient knowledge or information to admit or Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 4 of 23
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deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 24 are denied. 25. To the extent that the allegations in Paragraph 25 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 25, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 25 are denied. RESPONSE TO THE NORTH CAROLINA ANTI-MARRIAGE AMENDMENT (AMENDMENT ONE) 26. To the extent that the allegations in Paragraph 26 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 26, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 26 are denied. 27. It is admitted that Paragraph 27 of the Plaintiffs Complaint quotes Amendment One and N.C. Const. art. XIV, 6. To the extent that the allegations in Paragraph 27 constitute conclusions of law, said conclusions are neither admitted nor denied. 28. To the extent that the allegations in Paragraph 28 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 28, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 28 are denied. In further response and defense of the Plaintiffs allegations in Paragraph 28, Defendant Spencer asserts the following with respect to subparagraphs 28(a) through 28(e) as follows: (a-e) To the extent that the allegations in subparagraphs 28(a) through 28(e) constitute Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 5 of 23
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conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in subparagraphs 28(a) through 28(e), Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in subparagraphs 28(a) through 28(e) are denied. 29-30. To the extent that the allegations in Paragraphs 29 through 30 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 29 through 30, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 29 through 30 are denied. RESPONSE TO OTHER BARRIERS TO MARRIAGE HAVE BEEN STRUCK DOWN 31-47. To the extent that the allegations in Paragraphs 31 through 47 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 31 through 47, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 31 through 47 are denied. RESPONSE TO ANY ALLEGED STATE INTEREST IN FORBIDDING MARRIAGE IS SUBJECT TO HEIGTENED SCRUTINY
48-64. To the extent that the allegations in Paragraphs 48 through 64 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 48 through 64, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 48 through 64 are denied.
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RESPONSE TO THE NORTH CAROLINA ADOPTION STATUTES 65-69. To the extent that the allegations in Paragraphs 65 through 69 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 65 through 69, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 65 through 69 are denied. 70. It is admitted that Paragraph 70 of the Plaintiffs Complaint quotes N.C. Gen. Stat. 48-1-101(18). To the extent that the allegations in Paragraph 70 constitute conclusions of law, said conclusions are neither admitted nor denied. 71-76. To the extent that the allegations in Paragraphs 71 through 76 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 71 through 76, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 71 through 76 are denied. RESPONSE TO OTHER STATES GRANT SECOND PARENT ADOPTION, RECOGNIZING THAT SUCH ADOPTIONS ARE IN THE BEST INTERESTS OF CHILDREN
77-82. To the extent that the allegations in Paragraphs 77 through 82 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 77 through 82, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 77 through 82 are denied.
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RESPONSE TO WHILE NORTH CAROLINA PROHIBITS ADOPTION BY SECOND PARENTS, NORTH CAROLINA LAWS AND POLICIES OTHERWISE RECOGNIZE THE VALUE THAT GAY AND LESBIAN COUPLES PROVIDE AS PARENTS
83-89. To the extent that the allegations in Paragraphs 83 through 89 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 83 through 89, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 83 through 89 are denied. RESPONSE TO DE FACTO PARENT DOCTRINE 90-96. To the extent that the allegations in Paragraphs 90 through 96 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 90 through 96, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 90 through 96 are denied. RESPONSE TO FORBIDDING APPLICATIONS FOR SECOND PARENT ADOPTION ADVANCES NO COMPELLING OR EVEN LEGITIMATE STATE PURPOSE
97-104. To the extent that the allegations in Paragraphs 97 through 104 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 97 through 104, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 97 through 104 are denied.
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RESPONSE TO PARTIES
RESPONSE TO PLAINTIFFS
RESPONSE TO ESMERALDA MEJIA, CHRISTINA GINTER-MEJIA, AND J.G.-M
105-110. Upon information and belief, the allegations contained in Paragraphs 105 through 110 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraphs 105 through 110 constitute conclusions of law, said conclusions are neither admitted nor denied. 111. To the extent that the allegations in Paragraph 111 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 111, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 111 are denied. 112. To the extent that the allegations in Paragraph 112 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 112, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 112 are denied. In further response and defense of the Plaintiffs allegations in Paragraph 112, Defendant Spencer asserts the following with respect to subparagraphs 112(a) through 112(d) as follows: (a-d) To the extent that the allegations in subparagraph 112(a) through 112(d) constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in subparagraph 112(a) through 112(d), Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 9 of 23
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remaining allegations in subparagraph 112(a) through 112(d) are denied. 113-114. Upon information and belief, the allegations contained in Paragraphs 113 through 114 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraphs 113 through 114 constitute conclusions of law, said conclusions are neither admitted nor denied. 115. Defendant Spencer is without sufficient knowledge or information to admit or deny Plaintiffs allegations contained in Paragraph 115. 116. Upon information and belief, the allegations contained in Paragraph 116 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraph 116 constitute conclusions of law, said conclusions are neither admitted nor denied. 117-120. Defendant Spencer is without sufficient knowledge or information to admit or deny Plaintiffs allegations contained in Paragraphs 117 through 120. 121. Upon information and belief, the allegations contained in Paragraph 121 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraph 121 constitute conclusions of law, said conclusions are neither admitted nor denied. 122-123. Defendant Spencer is without sufficient knowledge or information to admit or deny Plaintiffs allegations contained in Paragraphs 122 through 123. 124-132. To the extent that the allegations in Paragraphs 124 through 132 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 124 through 132, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 124 through 132 are denied.
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RESPONSE TO ELLEN W. GERBER AND PEARL BERLIN
133-137. Upon information and belief, the allegations contained in Paragraphs 133 through 137 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraphs 133 through 137 constitute conclusions of law, said conclusions are neither admitted nor denied. 138. To the extent that the allegations in Paragraph 138 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 138, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 138 are denied. 139. To the extent that the allegations in Paragraph 139 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 139, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 139 are denied. In further response and defense of the Plaintiffs allegations in Paragraph 139, Defendant Spencer asserts the following with respect to subparagraphs 139(a) through 139(e) as follows: (a-e) To the extent that the allegations in subparagraphs 139(a) through 139(e) constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in subparagraphs 139(a) through 139(e), Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in subparagraphs 139(a) through 139(e) are denied.
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RESPONSE TO LYN MCCOY AND JANE BLACKBURN 140-142. Upon information and belief, the allegations contained in Paragraphs 140 through 142 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraphs 140 through 142 constitute conclusions of law, said conclusions are neither admitted nor denied. 143. Defendant Spencer is without sufficient knowledge or information to admit or deny Plaintiffs allegations in Paragraph 143. 144. Defendant Spencer is without sufficient knowledge or information to admit or deny Plaintiffs allegations in Paragraph 144. 145. Upon information and belief, the allegations contained in Paragraph 145 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraph 145 constitute conclusions of law, said conclusions are neither admitted nor denied. 146. To the extent that the allegations in Paragraph 146 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 146, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 146 are denied. 147. To the extent that the allegations in Paragraph 147 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 147, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 147 are denied. In further response and defense of the Plaintiffs allegations in Paragraph 147, Defendant Spencer asserts the following with respect to subparagraphs 147(a) through 147(e) as Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 12 of 23
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follows: (a-e) To the extent that the allegations in subparagraphs 147(a) through 147(e) constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in subparagraphs 147(a) through 147(e), Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in subparagraphs 147(a) through 147(e) are denied. RESPONSE TO HARMS SUFFERED BY PLAINTIFFS AS RESULT OF BEING DENIED THE FREEDOM TO MARRY 148-150. To the extent that the allegations in Paragraphs 148 through 150 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 148 through 150, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 148 through 150 are denied. 151. To the extent that the allegations in Paragraph 151 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 151, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 151 are denied. In further response and defense of the Plaintiffs allegations in Paragraph 151, Defendant Spencer asserts the following with respect to subparagraphs 151(a) through 151(q) as follows: (a-e) To the extent that the allegations in subparagraphs 151(a) through 151(q) constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in subparagraphs 151(a) through 151(q), Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 13 of 23
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remaining allegations in subparagraphs 151(a) through 151(q) are denied. 152-163. To the extent that the allegations in Paragraphs 152 through 163 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 152 through 163, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 152 through 163 are denied. RESPONSE TO HARMS SUFFERED BY PLAINTIFFS AS A RESULT OF NORTH CAROLINA'S CATEGORICAL ROHIBITION AGAINST SECOND PARENT ADOPTION
164-194. To the extent that the allegations in Paragraphs 164 through 194 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 164 through 194, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 164 through 194 are denied. RESPONSE TO DEFENDANTS 195-197. The allegations contained in Paragraphs 195 through 197 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraphs 195 through 197 constitute conclusions of law, said conclusions are neither admitted nor denied. 198-199. Defendant Guilford County Register of Deeds, under North Carolina law, performs the ministerial function of recording death certificates which have been created and approved by a local registrar pursuant to N.C. Gen. Stat. 130A-97 (duties of local registrars) and N.C. Gen. Stat. 130A-99 (register of deeds to preserve copies of birth and death records). Article 2, Chapter 161 of North Carolina General Statutes outlines the duties of the Register of Deeds. The duties do not include registering out-of-state marriage licenses. N.C. Gen. Stat. Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 14 of 23
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161-10(a) (fees for registering instruments); N.C. Gen. Stat. 161-14 (registration of instruments). Therefore, the allegations contained in Paragraphs 198 through 199 of the Plaintiffs Complaint are denied. 200. The allegations contained in Paragraph 200 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraph 200 constitute conclusions of law, said conclusions are neither admitted nor denied. 201-202. Defendant Spencer, under North Carolina law, performs the ministerial function of recording death certificates which have been created and approved by a local registrar pursuant to N.C. Gen. Stat. 130A-97 (duties of local registrars) and N.C. Gen. Stat. 130A-99 (register of deeds to preserve copies of birth and death records). Article 2, Chapter 161 of North Carolina General Statutes outlines the duties of the Register of Deeds. The duties do not include registering out-of-state marriage licenses. N.C. Gen. Stat. 161-10(a) (fees for registering instruments); N.C. Gen. Stat. 161-14 (registration of instruments). Therefore, the allegations contained in Paragraphs 201 through 202 of the Plaintiffs Complaint are denied. 203-209. Upon information and belief, the allegations contained in Paragraphs 203 through 209 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraphs 203 through 209 constitute conclusions of law, said conclusions are neither admitted nor denied. 210. To the extent that the allegations in Paragraph 210 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraph 210, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraph 210 are denied. Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 15 of 23
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RESPONSE TO FUTILITY 211-215. To the extent that the allegations in Paragraphs 211 through 215 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 211 through 215, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 211 through 215 are denied. 216. The allegations contained in Paragraph 216 of the Plaintiffs Complaint are admitted. To the extent that the allegations in Paragraph 216 constitute conclusions of law, said conclusions are neither admitted nor denied. 217-219. To the extent that the allegations in Paragraphs 217 through 219 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 217 through 219, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 217 through 219 are denied. RESPONSE TO CLAIMS FOR RELIEF
RESPONSE TO FIRST CLAIM FOR RELIEF (BY THE ADULT PLAINTIFFS) (DUE PROCESS CLAUSE OF THE UNITED STATES CONSTITUTION, 42 U.S.C. 1983)
220. Defendant Spencer re-alleges and incorporates herein by reference her responses to the allegations, contained in Paragraphs 1 through 219 of Plaintiffs Complaint, as though fully set forth. 221-227. To the extent that the allegations in Paragraphs 221 through 227 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 221 through 227, Defendant Spencer is without sufficient Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 16 of 23
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knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 221 through 227 are denied. RESPONSE TO SECOND CLAIM FOR RELIEF (BY THE MARRIED PLAINTIFFS) (EQUAL PROTECTION CLAUSE OF THE UNITED STATES CONSTITUTION, 42 U.S.C. 1983)
228. Defendant Spencer re-alleges and incorporates herein by reference her responses to the allegations, contained in Paragraphs 1 through 227 of Plaintiffs Complaint, as though fully set forth. 229-234. To the extent that the allegations in Paragraphs 229 through 234 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 229 through 234, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 229 through 234 are denied. RESPONSE TO THIRD CLAIM FOR RELIEF (BY PLAINTIFF J.G.-M.) (EQUAL PROTECTION CLAUSE OF THE UNITED STATES CONSTITUTION, 42 U.S.C. 1983)
235. Defendant Spencer re-alleges and incorporates herein by reference her responses to the allegations, contained in Paragraphs 1 through 234 of Plaintiffs Complaint, as though fully set forth. 236-246. To the extent that the allegations in Paragraphs 236 through 246 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 236 through 246, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 236 through 246 are denied.
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RESPONSE TO FOURTH CLAIM FOR RELIEF (BY PLAINTIFF J.G.-M) (J.G.-M'S RIGHTS UNDER THE EQUAL PROTECTION CLAUSE UNDER THE UNITED STATES CONSTITUTION, 42 U.S.C. 1983)
247. Defendant Spencer re-alleges and incorporates herein by reference her responses to the allegations, contained in Paragraphs 1 through 246 of Plaintiffs Complaint, as though fully set forth. 248-258. To the extent that the allegations in Paragraphs 248 through 258 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 248 through 258, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 248 through 258 are denied. RESPONSE TO FIFTH CLAIM FOR RELIEF (BY PLAINTIFFS MEJIA AND MEJIA-GINTER) (PARENTS' RIGHTS UNDER THE EQUAL PROTECTION CLAUSE OF THE UNITED STATES CONSTITUTION, 42 U.S.C. 1983)
259. Defendant Spencer re-alleges and incorporates herein by reference her responses to the allegations, contained in Paragraphs 1 through 258 of Plaintiffs Complaint, as though fully set forth. 260-268. To the extent that the allegations in Paragraphs 260 through 268 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 260 through 268, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 260 through 268 are denied.
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RESPONSE TO SIXTH CLAIM FOR RELIEF (BY PLAINTIFF GINTER-MEJIA) (GINTER-MEJIA'S RIGHTS UNDER THE DUE PROCESS CLAUSE OF THE UNITED STATES CONSTITUTION, 42 U.S.C. 1983)
269. Defendant Spencer re-alleges and incorporates herein by reference her responses to the allegations, contained in Paragraphs 1 through 268 of Plaintiffs Complaint, as though fully set forth. 270-275. To the extent that the allegations in Paragraphs 270 through 275 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 270 through 275, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 270 through 275 are denied. RESPONSE TO SEVENTH CLAIM FOR RELIEF (BY PLAINTIFF GINTER-MEJIA, MEJIA, AND J.G.-M) (DUE PROCESS CLAUSE UNDER THE UNITED STATES CONSTITUTION, 42 U.S.C. 1983)
276. Defendant Spencer re-alleges and incorporates herein by reference her responses to the allegations, contained in Paragraphs 1 through 275 of Plaintiffs Complaint, as though fully set forth. 277-282. To the extent that the allegations in Paragraphs 277 through 282 constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in Paragraphs 277 through 282, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 277 through 282 are denied.
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SECOND AFFIRMATIVE DEFENSE: MOTION TO DISMISS - PLAINTIFFS LACK OF STANDING Fed. R. Civ. P., Rule 12(b)(l)
Defendant Spencer asserts that the Plaintiffs lack standing to assert the claims in their Complaint. Therefore, Defendant Spencer moves this Court to dismiss the Plaintiffs Complaint as to Defendant Spencer. THIRD AFFIRMATIVE DEFENSE: MOTION TO DISMISS- LACK OF JURISDICTION Fed. R. Civ. P., Rule 12(b)(l)
Defendant Spencer asserts that the Court lacks jurisdiction as Plaintiffs seek equitable relief and jurisdiction is estopped due to Defendant Spencer governmental and qualified immunity. FOURTH AFFIRMATIVE DEFENSE: MOTION TO DISMISS Fed. R. Civ. P., Rule 12(b)(6)
The Plaintiffs Complaint fails to state a claim against Defendant Spencer upon which relief can be granted. Plaintiffs Complaint fails to state a cause of action against the public entity Catawba County Register of Deeds for, pursuant to Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 98 S. Ct. 2018, 56 L.Ed.2d 611 (1978), there can be no recovery for a federal civil rights violation where there is no constitutional deprivation occurring pursuant to governmental policy or custom. Therefore, Defendant Spencer moves this Court to dismiss the Plaintiffs Complaint as to Defendant Spencer. FIFTH AFFIRMATIVE DEFENSE: GOVERNMENTAL IMMUNITY
Defendant Spencer asserts governmental immunity and N.C. Gen. Stat. 153A-435 in bar of Plaintiffs claims in that the Complaint complains of governmental acts with respect to which Plaintiff must plead and prove a waiver of governmental immunity. At all times relevant to the acts alleged in the Plaintiffs Complaint, Defendant Spencer, acted reasonably, properly, Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 20 of 23
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lawfully, and in good faith in the exercise of her discretion within the laws established in the State of North Carolina. As a result Defendant Spencer is entitled to governmental immunity. SIXTH AFFIRMATIVE DEFENSE: QUAILFIED IMMUNITY
Defendant Spencer has acted within the current laws established in the State of North Carolina. Therefore, Defendant Spencer has not violated any clearly established constitutional or statutory rights of which reasonable persons would have otherwise known and is entitled to the protection of qualified immunity. SEVENTH AFFIRMATIVE DEFENSE: COMPLIANCE WITH EXISTING LAW
Defendant Spencer has not violated any rights, privileges or immunities secured to Plaintiffs by the Constitution or laws of the United States, the State of North Carolina or any political subdivision thereof, nor has Defendant Spencer violated any act of Congress providing for the protection of civil rights. EIGHTH AFFIRMATIVE DEFENSE: ADEQUATE REMEDIES AT LAW
Defendant Spencer asserts that the Plaintiffs are not entitled to injunctive or declaratory relief since the remedies at law are adequate. NINTH AFFIRMATIVE DEFENSE: CONTRADICTION TO PUBLIC POLICY
Defendant Spencer asserts that the Plaintiffs are not entitled to the injunctive relief sought since the relief sought is contrary to public policy. PRAYER FOR RELIEF
WHEREFORE, Defendant Spencer respectfully prays: 283-290. In that Paragraphs 283 through 290 constitute Plaintiffs Prayer for Relief, Defendant Spencer answers and respectfully prays this Court to dismiss this action against Defendant Spencer as to Plaintiffs claims for relief. With respect to all claims, Defendant Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 21 of 23
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Spencer prays this Court issue no injunctive relief. To the extent Paragraphs 283 through 290 contain allegations that constitute conclusions of law, said conclusions are neither admitted nor denied. As to any remaining allegations set forth in this Paragraphs 283 through 290, Defendant Spencer is without sufficient knowledge or information to admit or deny. Thus, for the reasons set forth above, the remaining allegations in Paragraphs 283 through 290 are denied. This the 16 th day of June, 2014.
/s/ David W. Hood David W. Hood N.C. State Bar No. 18249 Dhood@phd-law.com Michael J. Barnett N.C. State Bar No. 32210 Mbarnett@phd-law.com Patrick Harper & Dixon L.L.P. P.O. Box 218 Hickory, North Carolina 28603 Telephone: (828) 322-7741 Facsimile: (828) 485-3213 Attorneys for Defendant Donna Hicks Spencer
Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 22 of 23
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Answer and Affirmative Defenses was served upon all parties in accordance with the provisions of Rule 5 of the Federal Rules of Civil Procedure by: _____ Hand delivering a copy hereof to the attorney for each said party addressed as follows: Depositing a copy hereof, postage prepaid, in the United States Mail, addressed as follows: X Sending a copy hereof to the attorney for each said party and to each party by electronic mail (e-mail) as follows: Rose A. Saxe James D. Esseks American Civil Liberties Union Foundation 125 Broad Street New York, New York 10004-2400 rsaxe@aclu.org jesseks@aclu.org Elizabeth O. Gill American Civil Liberties Union Foundation 39 Drumm Street San Francisco, California 94111-4805 egill@aclunc.org
Telecopying a copy thereof to the attorney for each said party and to each party as follows: X Use of the Courts ECF facilities.
This the 16 th day of June, 2014.
/s/ David W. Hood David W. Hood
PATRICK HARPER & DIXON L.L.P. 34 2 nd Street NW, 3 rd Floor Post Office Box 218 Hickory, North Carolina 28603 Telephone: (828) 322-7741 Facsimile: (828) 485-3213 Case 1:14-cv-00299-UA-JEP Document 53 Filed 06/16/14 Page 23 of 23