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NO: (X06) UWY CV 21 5028294S : SUPERIOR COURT
NANCY BURTON : COMPLEX LITIGATION DOCKET
v. : AT WATERBURY
DAVID PHILIP MASON, ET AL. : AUGUST 17, 2023
ANSWER AND SPECIAL DEFENSES
OF DEFENDANT, ELINORE CARMODY
The defendant, Elinore Carmody, hereby submits her answer and special
defenses to the Fifth Amended Complaint filed April 12, 2022.
1. As to paragraph 1, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
2. As to paragraph 2, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
3. As to paragraph 3, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
4. As to paragraph 4, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
5. As to paragraph 5, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
6. As to paragraph 6, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
7. As to paragraph 7, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
8. As to paragraph 8, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
9. As to paragraph 9, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
10. As to paragraph 10, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
11. As to paragraph 11, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
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12. As to paragraph 12, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
13. As to paragraph 13, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
14. As to paragraph 14, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
15. As to paragraph 15, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
16. As to paragraph 16, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
17. As to paragraph 17, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
18. As to paragraph 18, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
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19. As to paragraph 19, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
20. As to paragraph 20, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
21. As to paragraph 21, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
22. As to paragraph 22, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
23. As to paragraph 23, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
24. As to paragraph 24, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
25. As to paragraph 25, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
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26. As to paragraph 26, the defendant admits that the Town of Redding issued
a cease and desist order directing the plaintiff to reduce the number of goats on her
property. The remainder of paragraph 26 is denied.
27. As to paragraph 27, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
28. As to paragraph 28, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
29. As to paragraph 29, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
30. As to paragraph 30, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
31. As to paragraph 31, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
32. As to paragraph 32, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
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33. As to paragraph 33, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
34. As to paragraph 34, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
35. As to paragraph 35, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
36. Paragraph 36 is admitted.
37. As to paragraph 37, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
38. As to paragraph 38, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
39. As to paragraph 39, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
40. Paragraph 40 is admitted.
41. Paragraph 41 is admitted.
42. Paragraph 42 is admitted.
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43. Paragraph 43 is admitted.
44. Paragraph 44 is admitted.
45. Paragraph 45 is denied.
46. Paragraph 46 is denied.
47. As to paragraph 47, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
48. Paragraph 48 is denied.
49. Paragraph 49 is denied.
50. As to paragraph 50, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof. The
defendant denies that she made any false statements.
51. As to paragraph 51, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
52. Paragraph 52 is denied.
53. As to paragraph 53, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
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54. As to paragraph 54, the defendant admits that the plaintiff filed a complaint
with the Redding Police Department. The defendant denies that there was any basis
for the complaint.
55. As to paragraph 55, the defendant admits that the plaintiff filed a complaint
with Commissioner Hurlburt. The defendant denies that there was any basis for the
complaint.
56. As to paragraph 56, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
57. As to paragraph 57, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
58. As to paragraph 58, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
59. As to paragraph 59, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
60. As to paragraph 60, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
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61. As to paragraph 61, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
62. As to paragraph 62, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
63. As to paragraph 63, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
64. As to paragraph 64, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
65. As to paragraph 65, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof. The
defendant denies any assertion of improper conduct on the part of the defendant.
66. As to paragraph 66, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
67. As to paragraph 67, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
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68. As to paragraph 68, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
69. Paragraph 69 is admitted.
70. As to paragraph 70, the defendant admits that Mr. DellaRocco conducted
an investigation as to the condition of the goats, including surveillance from the
defendant’s property. The defendant denies that such investigation was improper.
71. As to paragraph 71, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
72. As to paragraph 72, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
73. As to paragraph 73, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
74. Paragraph 74 is admitted.
75. Paragraph 75 is denied.
76. Paragraph 76 is denied..
77. Paragraph 77 is admitted.
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78. As to paragraph 78, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
79. Paragraph 79 is denied.
80. As to paragraph 80, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
81. As to paragraph 81, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
82. As to paragraph 82, the defendant does not have sufficient knowledge or
information upon which to base a belief or opinion about the truth of the matters
contained therein and, therefore, leaves the plaintiff to her burden of proof.
83. Paragraph 83 is denied.
84. Paragraph 84 is admitted.
85. Paragraph 85 is denied.
86. As to paragraph 86, the defendant does not respond because it is not a
factual allegation; but rather, is a request for an evidentiary ruling.
87. Paragraph 87 is denied.
88. Paragraph 88 is denied.
89. Paragraph 89 is denied.
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90. As to paragraph 90, the defendant does not respond because it is not a
factual allegation; but rather, is a prayer for relief.
COUNT ONE: DEFAMATION (As to Defendant Elinore Carmody)
91. As to paragraph 91, the defendant incorporates the answers to paragraphs
1 through 90 as if fully set forth herein.
92. Paragraph 92 is admitted.
93. Paragraph 93 is denied.
94. As to paragraph 94, the defendant admits that the plaintiff demanded a
retraction, but denies that any statements made by her were false or malicious.
95. Paragraph 95 is denied.
96. Paragraph 96 is denied.
COUNT TWO: INVASION OF PRIVACY (As to Defendants Town of Redding,
Redding Police Chief Mark O’Donnell, First Selectman Julia Pemberton, Elinor
Carmody, Dennis Gibbons and David Philip Mason)
The defendant does not answer this count as it has been stricken.
COUNT THREE: ILLEGAL SEARCH AND SEIZURE (As to Defendants Town of
Redding, Redding Police Chief Mark O’Donnell, First Selectman Julia Pemberton,
Elinore Carmody, Dennis Gibbons and David Philip Mason)
The defendant does not answer this count as it has been stricken.
COUNT FOUR: 42 U.S. CODE §1983 (As to Defendants Connecticut Department of
Agriculture, Bryan Hurlburt, Charles DellaRocco, Town of Redding, Redding
Police Chief Mark O’Donnell, First Selectman Julia Pemberton, Elinore Carmody,
Dennis Gibbons and David Philip Mason)
The defendant does not answer this count as it has been stricken.
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COUNT FIVE: FALSE ARREST (As to Defendant Connecticut Department of
Agriculture, Bryan Hurlburt, Charles DellaRocco and Redding Police Chief Mark
O’Donnell)
The defendant does not answer this count as it is not directed to her.
COUNT SIX: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (As to
Defendants Town of Redding, Redding Police Chief Mark O’Donnell, Elinore
Carmody, Dennis Gibbons and David Philip Mason)
The defendant does not answer this count as it has been stricken.
COUNT SEVEN: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (As to
Defendants Town of Redding, Redding Police Chief Mark O’Donnell, Elinore
Carmody, Dennis Gibbons and David Philip Mason)
The defendant does not answer this count as it has been stricken.
COUNT EIGHT: CONVERSION (As to Defendants Town of Redding, Redding
Police Chief Mark O’Donnell, Elinore Carmody, Dennis Gibbons and David Philip
Mason)
The defendant does not answer this count as it has been stricken.
COUNT NINE: INTENTIONAL SPOLIATION OF EVIDENCE (As to Defendants Town
of Redding, First Selectman Julia Pemberton)
The defendant does not answer this count as it is not directed to her.
COUNT TEN: DEPRIVATION OF EQUAL RIGHTS AND PRIVILEGES (As to
Defendants Town of Redding, Redding Police Chief Mark O’Donnell, Elinore
Carmody, Dennis Gibbons and David Philip Mason)
The defendant does not answer this count as it has been stricken.
COUNT ELEVEN: INVASION OF PRIVACY- INTRUSION (As to Defendants Town of
Redding, Redding Police Chief Mark O’Donnell, First Selectman Julia Pemberton,
Elinore Carmody, Dennis Gibbons and David Philip Mason)
The defendant does not answer this count as it has been stricken.
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BY WAY OF SPECIAL DEFENSES
First Special Defense:
The statements made by the defendant regarding the plaintiff are true, and
therefore, not defamatory.
Second Special Defense:
The plaintiff’s claim of defamation is barred by the doctrine of collateral estoppel.
Third Special Defense:
The plaintiff holds herself out to be a public figure with regard to the issues in this
case. Therefore, any allegedly false statements are protected by the First Amendment.
Fourth Special Defense:
The defendant has qualified immunity because any allegedly defamatory
statements made by the defendant were as to a matter of public concern.
DEFENDANT,
ELINORE CARMODY
By_/s/ Philip T. Newbury, Jr. _________
Philip T. Newbury, Jr.
Howd & Ludorf, LLC
100 Great Meadow Road, Suite 201
Wethersfield, CT 06109
(860) 249-1361
(860) 249-7665 (Fax)
Juris No.: 28228
E-mail: pnewbury@hl-law.com
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CERTIFICATION
This is to certify that a copy of the foregoing Answer and Special Defenses of
Defendant, Elinore Carmody was or will immediately be mailed or delivered
electronically or non-electronically on August 17, 2023, to all parties and pro se parties
of record and that written consent for electronic delivery was received from all attorneys
and self-represented parties receiving electronic delivery.
Nancy Burton
154 Highland Ave.
Rowayton, CT 06853
NancyBurtonCT@aol.com
Kimberly Bosse, Esquire
James N. Tallberg, Esquire
Karsten & Tallberg, LLC
500 Enterprise Drive, Suite 4
Rocky Hill, CT 06067
kbosse@ktlawfirm.com
jtallberg@kt-lawfirm.com
Steven J. Stafstrom, Jr., Esq.
Pullman & Comley, LLC
850 Main Street, P.O. Box 7006
Bridgeport, CT 06601
sstafstrom@pullcom.com
_/s/ Philip T. Newbury, Jr. ____________
Philip T. Newbury, Jr.
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Preview
NO: (X06) UWY CV 21 5028294S : SUPERIOR COURT NANCY BURTON : COMPLEX LITIGATION DOCKET v. : AT WATERBURY DAVID PHILIP MASON, ET AL. : AUGUST 17, 2023 ANSWER AND SPECIAL DEFENSES OF DEFENDANT, ELINORE CARMODY The defendant, Elinore Carmody, hereby submits her answer and special defenses to the Fifth Amended Complaint filed April 12, 2022. 1. As to paragraph 1, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 2. As to paragraph 2, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 3. As to paragraph 3, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 4. As to paragraph 4, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 5. As to paragraph 5, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 6. As to paragraph 6, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 7. As to paragraph 7, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 8. As to paragraph 8, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 9. As to paragraph 9, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 10. As to paragraph 10, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 11. As to paragraph 11, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 2 12. As to paragraph 12, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 13. As to paragraph 13, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 14. As to paragraph 14, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 15. As to paragraph 15, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 16. As to paragraph 16, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 17. As to paragraph 17, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 18. As to paragraph 18, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 3 19. As to paragraph 19, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 20. As to paragraph 20, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 21. As to paragraph 21, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 22. As to paragraph 22, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 23. As to paragraph 23, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 24. As to paragraph 24, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 25. As to paragraph 25, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 4 26. As to paragraph 26, the defendant admits that the Town of Redding issued a cease and desist order directing the plaintiff to reduce the number of goats on her property. The remainder of paragraph 26 is denied. 27. As to paragraph 27, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 28. As to paragraph 28, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 29. As to paragraph 29, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 30. As to paragraph 30, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 31. As to paragraph 31, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 32. As to paragraph 32, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 5 33. As to paragraph 33, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 34. As to paragraph 34, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 35. As to paragraph 35, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 36. Paragraph 36 is admitted. 37. As to paragraph 37, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 38. As to paragraph 38, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 39. As to paragraph 39, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 40. Paragraph 40 is admitted. 41. Paragraph 41 is admitted. 42. Paragraph 42 is admitted. 6 43. Paragraph 43 is admitted. 44. Paragraph 44 is admitted. 45. Paragraph 45 is denied. 46. Paragraph 46 is denied. 47. As to paragraph 47, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 48. Paragraph 48 is denied. 49. Paragraph 49 is denied. 50. As to paragraph 50, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. The defendant denies that she made any false statements. 51. As to paragraph 51, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 52. Paragraph 52 is denied. 53. As to paragraph 53, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 7 54. As to paragraph 54, the defendant admits that the plaintiff filed a complaint with the Redding Police Department. The defendant denies that there was any basis for the complaint. 55. As to paragraph 55, the defendant admits that the plaintiff filed a complaint with Commissioner Hurlburt. The defendant denies that there was any basis for the complaint. 56. As to paragraph 56, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 57. As to paragraph 57, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 58. As to paragraph 58, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 59. As to paragraph 59, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 60. As to paragraph 60, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 8 61. As to paragraph 61, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 62. As to paragraph 62, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 63. As to paragraph 63, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 64. As to paragraph 64, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 65. As to paragraph 65, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. The defendant denies any assertion of improper conduct on the part of the defendant. 66. As to paragraph 66, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 67. As to paragraph 67, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 9 68. As to paragraph 68, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 69. Paragraph 69 is admitted. 70. As to paragraph 70, the defendant admits that Mr. DellaRocco conducted an investigation as to the condition of the goats, including surveillance from the defendant’s property. The defendant denies that such investigation was improper. 71. As to paragraph 71, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 72. As to paragraph 72, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 73. As to paragraph 73, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 74. Paragraph 74 is admitted. 75. Paragraph 75 is denied. 76. Paragraph 76 is denied.. 77. Paragraph 77 is admitted. 10 78. As to paragraph 78, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 79. Paragraph 79 is denied. 80. As to paragraph 80, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 81. As to paragraph 81, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 82. As to paragraph 82, the defendant does not have sufficient knowledge or information upon which to base a belief or opinion about the truth of the matters contained therein and, therefore, leaves the plaintiff to her burden of proof. 83. Paragraph 83 is denied. 84. Paragraph 84 is admitted. 85. Paragraph 85 is denied. 86. As to paragraph 86, the defendant does not respond because it is not a factual allegation; but rather, is a request for an evidentiary ruling. 87. Paragraph 87 is denied. 88. Paragraph 88 is denied. 89. Paragraph 89 is denied. 11 90. As to paragraph 90, the defendant does not respond because it is not a factual allegation; but rather, is a prayer for relief. COUNT ONE: DEFAMATION (As to Defendant Elinore Carmody) 91. As to paragraph 91, the defendant incorporates the answers to paragraphs 1 through 90 as if fully set forth herein. 92. Paragraph 92 is admitted. 93. Paragraph 93 is denied. 94. As to paragraph 94, the defendant admits that the plaintiff demanded a retraction, but denies that any statements made by her were false or malicious. 95. Paragraph 95 is denied. 96. Paragraph 96 is denied. COUNT TWO: INVASION OF PRIVACY (As to Defendants Town of Redding, Redding Police Chief Mark O’Donnell, First Selectman Julia Pemberton, Elinor Carmody, Dennis Gibbons and David Philip Mason) The defendant does not answer this count as it has been stricken. COUNT THREE: ILLEGAL SEARCH AND SEIZURE (As to Defendants Town of Redding, Redding Police Chief Mark O’Donnell, First Selectman Julia Pemberton, Elinore Carmody, Dennis Gibbons and David Philip Mason) The defendant does not answer this count as it has been stricken. COUNT FOUR: 42 U.S. CODE §1983 (As to Defendants Connecticut Department of Agriculture, Bryan Hurlburt, Charles DellaRocco, Town of Redding, Redding Police Chief Mark O’Donnell, First Selectman Julia Pemberton, Elinore Carmody, Dennis Gibbons and David Philip Mason) The defendant does not answer this count as it has been stricken. 12 COUNT FIVE: FALSE ARREST (As to Defendant Connecticut Department of Agriculture, Bryan Hurlburt, Charles DellaRocco and Redding Police Chief Mark O’Donnell) The defendant does not answer this count as it is not directed to her. COUNT SIX: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (As to Defendants Town of Redding, Redding Police Chief Mark O’Donnell, Elinore Carmody, Dennis Gibbons and David Philip Mason) The defendant does not answer this count as it has been stricken. COUNT SEVEN: NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (As to Defendants Town of Redding, Redding Police Chief Mark O’Donnell, Elinore Carmody, Dennis Gibbons and David Philip Mason) The defendant does not answer this count as it has been stricken. COUNT EIGHT: CONVERSION (As to Defendants Town of Redding, Redding Police Chief Mark O’Donnell, Elinore Carmody, Dennis Gibbons and David Philip Mason) The defendant does not answer this count as it has been stricken. COUNT NINE: INTENTIONAL SPOLIATION OF EVIDENCE (As to Defendants Town of Redding, First Selectman Julia Pemberton) The defendant does not answer this count as it is not directed to her. COUNT TEN: DEPRIVATION OF EQUAL RIGHTS AND PRIVILEGES (As to Defendants Town of Redding, Redding Police Chief Mark O’Donnell, Elinore Carmody, Dennis Gibbons and David Philip Mason) The defendant does not answer this count as it has been stricken. COUNT ELEVEN: INVASION OF PRIVACY- INTRUSION (As to Defendants Town of Redding, Redding Police Chief Mark O’Donnell, First Selectman Julia Pemberton, Elinore Carmody, Dennis Gibbons and David Philip Mason) The defendant does not answer this count as it has been stricken. 13 BY WAY OF SPECIAL DEFENSES First Special Defense: The statements made by the defendant regarding the plaintiff are true, and therefore, not defamatory. Second Special Defense: The plaintiff’s claim of defamation is barred by the doctrine of collateral estoppel. Third Special Defense: The plaintiff holds herself out to be a public figure with regard to the issues in this case. Therefore, any allegedly false statements are protected by the First Amendment. Fourth Special Defense: The defendant has qualified immunity because any allegedly defamatory statements made by the defendant were as to a matter of public concern. DEFENDANT, ELINORE CARMODY By_/s/ Philip T. Newbury, Jr. _________ Philip T. Newbury, Jr. Howd & Ludorf, LLC 100 Great Meadow Road, Suite 201 Wethersfield, CT 06109 (860) 249-1361 (860) 249-7665 (Fax) Juris No.: 28228 E-mail: pnewbury@hl-law.com 14 CERTIFICATION This is to certify that a copy of the foregoing Answer and Special Defenses of Defendant, Elinore Carmody was or will immediately be mailed or delivered electronically or non-electronically on August 17, 2023, to all parties and pro se parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties receiving electronic delivery. Nancy Burton 154 Highland Ave. Rowayton, CT 06853 NancyBurtonCT@aol.com Kimberly Bosse, Esquire James N. Tallberg, Esquire Karsten & Tallberg, LLC 500 Enterprise Drive, Suite 4 Rocky Hill, CT 06067 kbosse@ktlawfirm.com jtallberg@kt-lawfirm.com Steven J. Stafstrom, Jr., Esq. Pullman & Comley, LLC 850 Main Street, P.O. Box 7006 Bridgeport, CT 06601 sstafstrom@pullcom.com _/s/ Philip T. Newbury, Jr. ____________ Philip T. Newbury, Jr. 15