CASE 0:15-cv-03214-SRN-HB Document 16 Filed 11/05/15 Page 1 of 12

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA

Luis Daniel Garcia,

Case No:

15-CV-03214 (SRN/HB)

Plaintiff,
ANSWER OF DEFENDANT BLAYNE
LEHNER AND DEMAND FOR JURY
TRIAL

v.
Blayne Lehner, in his individual capacity
as an officer of the City of Minneapolis, and
the City of Minneapolis
Defendants.

Defendant Blayne Lehner, hereinafter Lehner, for its Answer to Plaintiffs Complaint,
states and alleges as follows: Lehner denies each and every allegation contained in the
complaint unless specifically admitted, denied or otherwise stated.
PARTIES AND JURISDICTION
1. Lehner admits that Plaintiffs complaint is an action for money damages, but
denies the remaining portions of the paragraph.
2. Lehner admits that Plaintiffs complaint asserts a claim against the City of
Minneapolis, denies that Lehners use of force was unreasonable, and is without
sufficient information or knowledge to admit or deny the customs or practices of
Defendant City of Minneapolis and, therefore, denies the same.
3. Lehner denies that he assaulted Plaintiff and denies that he violated Plaintiffs civil
rights, but admits that he was acting under color of state law at the time.
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4. Lehner admits that Lehner was acting within the course and scope of employment
with Defendant City of Minneapolis on December 29, 2013, but denies that he
violated Plaintiffs constitutional rights.
5. Lehner admits that Plaintiffs complaint is brought under 42 U.S.C. 1983 and
1988 and the Fourth Amendment, but denies that Lehner violated Plaintiffs rights.
6. Lehner lacks sufficient information to admit or deny Plaintiffs residency, but
denies that unreasonable force was used on Plaintiff.
7. Lehner admits all of paragraph 7.
8. Lehner admits that the City of Minneapolis is a municipality incorporated under
the laws of the State of Minnesota.
9. Lehner admits that the Court has original jurisdiction of the action.
10. Lehner admits that Plaintiff is claiming damages in excess of $75,000.
11. Lehner admits that Plaintiff seeks declaratory and injunctive relief, is seeking
compensatory and punitive damages, and seeks attorneys fees and expenses.
12. Lehner admits that Plaintiff demands a jury trial. Lehner also demands a jury trial.
FACTUAL BACKGROUND
13. Lehner admits to the allegations in paragraph 13.
14. Lehner admits that Plaintiff was a passenger in a 1995 Honda Accord that nearly
struck another police officer. Lehner is without sufficient knowledge or
information to admit or deny the remaining allegations and denies the same.

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15. Lehner admits that the 1995 Honda Accord that Plaintiff was a passenger in nearly
struck another police officer and that officers pursued the 1995 Honda Accord that
nearly struck the other police officer. Lehner denies the remaining allegations.
16. Lehner is without sufficient knowledge or information to admit or deny paragraph
16 and, therefore, denies the same.
17. Lehner lacks sufficient information to admit or deny the allegations in paragraph
17 and, therefore, denies the same.
18. Lehner admits that he and Officer Steven Wuorinen arrived at the location where
Plaintiff was in a 1995 Honda Accord that was stopped. Lehner is without
sufficient information or knowledge to admit or deny the remaining allegations in
paragraph 18 and, therefore, denies the same.
19. Lehner admits that Officer Kelley asked Plaintiff for identification, but lacks
sufficient information and knowledge to admit or deny the remaining allegations
of paragraph 19 and, therefore, denies the same.
20. Lehner admits that Plaintiff failed to provide Officer Kelley with identification,
that Officer Kelley removed Plaintiff from the vehicle, and that Officer Kelley
placed Plaintiff in handcuffs. Lehner denies the remaining allegations in
paragraph 20.
21. Lehner is without sufficient information or knowledge to admit or deny paragraph
21 and, therefore, denies the same.
22. Lehner is without sufficient information or knowledge to admit or deny paragraph
22 and, therefore denies the same.
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23. Lehner is without sufficient information or knowledge to admit or deny paragraph

23 and, therefore denies the same.
24. Lehner admits that Officer Wuorinen placed Plaintiff in the rear of Lehner and
Officer Wuorinens squad car. Lehner denies the remaining allegations in
paragraph 24.
25. Lehner admits that he provided testimony at a hearing regarding the criminal
prosecution of Plaintiff arising from Plaintiffs criminal actions on December 29,
2013 and that the testimony speaks for itself.
26. Lehner admits that he provided testimony at a hearing regarding the criminal
prosecution of Plaintiff arising from Plaintiffs criminal actions on December 29,
2013 and that the testimony speaks for itself.
27. Lehner denies paragraph 27.
28. Lehner admits that he provided testimony at a hearing regarding the criminal
prosecution of Plaintiff arising from Plaintiffs criminal actions on December 29,
2013 and that the testimony speaks for itself. Lehner denies the remaining
allegations of paragraph 28.
29. Lehner admits that he provided testimony at a hearing regarding the criminal
prosecution of Plaintiff arising from Plaintiffs criminal actions on December 29,
2013 and that the testimony speaks for itself. Lehner denies the remaining
allegations in paragraph 29.
30. Lehner denies the allegations contained in paragraph 30.
31. Lehner denies the allegations contained in paragraph 31.
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32. Lehner admits that he provided testimony at a hearing regarding the criminal
prosecution of Plaintiff arising from Plaintiffs criminal actions on December 29,
2013 and that the testimony speaks for itself.
33. Lehner denies the allegations contained in paragraph 33.
34. Lehner lacks sufficient knowledge and information to admit or deny the
allegations contained in paragraph 34 and holds Plaintiff to strict proof thereof.
35. Lehner admits that he provided testimony at a hearing regarding the criminal
prosecution of Plaintiff arising from Plaintiffs criminal actions on December 29,
2013 and that the testimony speaks for itself. Lehner denies the remaining
allegations in paragraph 35.
36. Lehner admits that he provided testimony at a hearing regarding the criminal
prosecution of Plaintiff arising from Plaintiffs criminal actions on December 29,
2013 and that the testimony speaks for itself. Lehner denies the remaining
allegations in paragraph 36.
37. Lehner denies the allegations contained in paragraph 37.
38. Lehner lacks sufficient knowledge and information to admit or deny the
allegations contained in paragraph 38.
39. Lehner denies the allegations contained in paragraph 39.
40. Lehner admits that he provided testimony at a hearing regarding the criminal
prosecution of Plaintiff arising from Plaintiffs criminal actions on December 29,
2013 and that the testimony speaks for itself. Lehner denies the testimony was
false and denies the remaining allegations in paragraph 40.
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41. Lehner denies that he was unwilling to interact with the medical providers at
HCMC and lacks sufficient knowledge and information to admit or deny the
allegations contained in paragraph 41 and, therefore, denies the same.
42. Lehner lacks sufficient knowledge and information to admit or deny the
allegations contained in paragraph 42 and, therefore, denies the same.
43. Lehner denies the allegations contained in paragraph 43.
44. Lehner denies the allegations contained in paragraph 44.
45. Lehner admits that he completed a supplement report regarding his interaction
with Plaintiff. Lehner states that the supplement report speaks for itself.
46. Lehner denies the allegations contained in paragraph 46.
47. Lehner admits that he completed a supplement report regarding his interaction
with Plaintiff. Lehner states that the supplement report speaks for itself. Lehner
denies the remaining allegations contained in paragraph 47.
48. Lehner admits that he completed a supplement report regarding his interaction
with Plaintiff. Lehner states that the supplement report speaks for itself. Lehner
denies the remaining allegations contained in paragraph 48.
49. Lehner admits that he completed a supplement report regarding his interaction
with Plaintiff. Lehner states that the supplement report speaks for itself. Lehner
admits that he provided testimony at a hearing regarding the criminal prosecution
of Plaintiff arising from Plaintiffs criminal actions on December 29, 2013 and
that the testimony speaks for itself. Lehner denies the remaining allegations
contained in paragraph 49.
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50. Lehner admits the allegations in paragraph 50.

51. Paragraph 51 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies that he used excessive force and
denies that he violated any of Plaintiffs rights. Lehner is without sufficient
information or knowledge to admit or deny the remaining allegations in paragraph
51, and, therefore, denies the same.
52. Paragraph 52 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies that he used excessive force and
denies that he violated any of Plaintiffs rights. Lehner is without sufficient
information or knowledge to admit or deny the remaining allegations in paragraph
52, and, therefore, denies the same.
COUNTY I DEFENDANT LEHNER 42 U.S.C. 1983 FOURTH
AMENDMENT VIOLATIONS
53. Lehner restates all previous paragraphs.
54. Paragraph 54 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies that he used excessive force and
denies that he violated any of Plaintiffs rights.
55. Paragraph 55 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies that he used excessive force and
denies that he violated any of Plaintiffs rights.

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56. Paragraph 56 contains legal conclusions to which no response is required. To the

extent a response is required, Lehner denies that his actions were objectively
unreasonable pursuant to Graham v. Connor, 490 U.S. 386 (1989).
57. Lehner denies the allegations in paragraph 57.
58. Lehner denies the allegations in paragraph 58.
59. Paragraph 59 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies that he used excessive force, denies
that he violated any of Plaintiffs rights, and denies that he has any right to relief
against Lehner.
60. Paragraph 60 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies that he used excessive force, denies
that he violated any of Plaintiffs rights, and denies that he has any right to relief
against Lehner.
61. Paragraph 61 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies that he used excessive force, denies
that he violated any of Plaintiffs rights, and denies that he has any right to relief
against Lehner.
COUNTY II DEFENDANT CITY OF MINNEAPOLIS CIVIL RIGHTS
VIOLATION
62. Lehner restates all previous paragraphs.
63. Lehner lacks sufficient knowledge and information to admit or deny the
allegations contained in paragraph 63 and, therefore, denies the same.
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64. Lehner lacks sufficient knowledge and information to admit or deny the
allegations contained in paragraph 64 and, therefore, denies the same.
65. Lehner lacks sufficient knowledge and information to admit or deny the
allegations contained in paragraph 65 and, therefore, denies the same.
66. Lehner denies that he repeatedly used excessive and unreasonable force and
Lehner lacks sufficient knowledge and information to admit or deny the remaining
allegations contained in paragraph 66 and, therefore, denies the same.
67. Lehner lacks sufficient knowledge and information to admit or deny the
allegations contained in paragraph 67 and, therefore, denies the same.
68. Lehner denies the allegations contained in paragraph 68.
69. Paragraph 69 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies that he used excessive force, denies
that he violated any of Plaintiffs rights, and denies that Plaintiff has any right to
relief against Lehner.
70. Lehner denies that he engaged in unconstitutional actions; Lehner admits that
Defendant City of Minneapolis awarded him a Department Award of Merit in May
2014.
71. Paragraph 71 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner lacks sufficient knowledge and information
to admit or deny the allegations contained in paragraph 71 and, therefore, denies
the same.

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72. Paragraph 72 contains legal conclusions to which no response is required. To the

extent a response is required, Lehner lacks sufficient knowledge and information
to admit or deny the allegations contained in paragraph 72 and, therefore, denies
the same.
73. Paragraph 73 contains legal conclusions to which no response is required. To the
extent a response is required, Lehner denies the allegations contained in paragraph
73.
DEFENSES
1. The Complaint fails to state a claim upon which relief can be granted.
2. Lehner was acting in the course or scope of his employment during the incident
that gives rise to this lawsuit, and, therefore, the City has a duty to defend and
indemnify Lehner.
3. Lehners alleged acts were related to his duties as a Minneapolis Police Officer;
therefore, the City has a duty to defend and indemnify Lehner.
4. Plaintiffs claims are barred by the legal doctrines of absolute, qualified, statutory,
official immunity and vicarious official immunity.
5. Plaintiff's injuries and damages, if any, were caused, contributed to, or brought
about by Plaintiff's own intentional or negligent acts.
6. Plaintiffs injuries and damages, if any, were caused, contributed to, or worsened
by Plaintiffs failure to mitigate alleged injuries and/or damages.
7. Plaintiffs injuries and damages, if any, were caused, contributed to, or brought
about by Plaintiffs unlawful, unreasonable, or illegal acts.
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8. Plaintiff has failed to exhaust his administrative remedies.

9. Lehner denies that Plaintiff has any right to attorneys fees in this action.
10. Plaintiff had knowledge, or in the exercise of reasonable care should have had
knowledge, of each of the risks about which Plaintiff complains; further, Plaintiff
voluntarily assumed any risk inherent in the situation that gave rise to the
Complaint.
11. Plaintiffs claims may be barred by absolute privilege and/or qualified privilege.
12. Plaintiffs claims may be barred by the Doctrine of Laches, Estoppel, and Unclean
Hands.
13. Pursuant to Minn. Stat. 466.07, the City has a duty to defend and indemnify
Lehner.
14. In order to preserve the defenses pending further discovery, Defendant
incorporates by reference all affirmative defenses required to be asserted under the
Federal Rules of Civil Procedure.
WHEREFORE, Lehner prays for an Order of this Court as follows:
1. Dismissing the Plaintiffs Complaint against Lehner on its merits and with
prejudice.
2. Awarding Lehner all his costs and disbursements as allowed by law, including
reasonable attorneys fees.
3. For such other further relief the Court deems just and equitable.

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KELLY & LEMMONS, P.A.

Dated: November 5, 2015

s/ Joseph A. Kelly
Patrick J. Kelly (ID #54823)
Joseph A. Kelly (ID #0389356)
Kevin M. Beck (ID #0389072)
223 Little Canada Road East, Suite 200
Little Canada, MN 55117
(651) 224-3781
jkelly@kellyandlemmons.com
Attorneys for Defendant Lehner

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