Filed 14-CI-00061 10/18/2016 William Jason Ison, Elliott NOT Circuit ORIGINAL Clerk DOCUMENT 07/19/2018 11:55:40 AM KYCIR COMMONWEALTH OF KENTUCKY ELLIOTT CIRCUIT COURT CIVIL ACTION NO. 14-CI-00061 DONNA ADKINS et al. PLAINTIFFS v. STEPHEN HARPER et al. DEFENDANTS ANSWER OF JOSEPH MEKO & KENTUCKY DEPARTMENT OF CORRECTIONS TO THIRD AMENDED COMPLAINT Come the Kentucky Department of Corrections, Joseph Meko and Laura Dennis, by counsel, and for their Answer to the Third Amended Complaint filed in the above styled DEFENSE I 1. Plaintiff’s complaint fails to state a claim upon which relief can be granted. DEFENSE II 2. As to the allegations contained in the portion of the Third Amended Complaint entitled “Parties:” a. Defendants admit the averments contained in paragraphs 1, 2, 3, 4, 5, and 7. b. Defendants admit that portion of paragraph 6 that alleges Laura Dennis was a sergeant and/or acted as supervisory staff at LSCC in Elliott County, Presiding Judge: HON. REBECCA K. PHILLIPS (637246) action state as follows: Kentucky but deny that she did do at all times relevant to the Complaint. “Facts:” a. Filed Defendants admit the averments contained in paragraphs 22 and 23. 14-CI-00061 10/18/2016 William Jason Ison, Elliott Circuit Clerk ANS : 000001 of 000005 3. As to the allegations contained in the portion of the Third Amended Complaint entitled Filed 14-CI-00061 b. William Jason Ison, Elliott NOT Circuit ORIGINAL Clerk DOCUMENT 07/19/2018 11:55:40 AM KYCIR 10/18/2016 Defendants deny the averments contained in paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, and 70. c. Defendants are without sufficient knowledge and information to form a belief as to the truth of the averments contained in paragraphs 10 and 25. d. As to paragraph 9, Defendants admit that Adkins reported a single alleged incident to Danny McGraw in September 2014 and that she was interviewed by Donnie McGraw of the Kentucky State Police for approximately two hours. e. As to paragraph 24, admit that Stephen Harper was assigned to Central Control during the investigation of Colleen Payton’s allegations against him and that he regularly interacted with other female staff but deny he regularly interacted with Colleen Payton or any female staff who had reported alleged sexual harassment at that time. DEFENSE III The Plaintiffs’ claims are barred by the statute of limitations. DEFENSE IV Presiding Judge: HON. REBECCA K. PHILLIPS (637246) Defendants deny the balance of the allegations in paragraph 9. The Defendants assert the defense of sovereign, governmental, and official DEFENSE V The Plaintiffs are not entitled to recover punitive damages against the Defendants based on sovereign immunity. Filed 14-CI-00061 10/18/2016 William Jason Ison, Elliott Circuit Clerk ANS : 000002 of 000005 immunity defense to all claims by the Plaintiffs. Filed 14-CI-00061 10/18/2016 William Jason Ison, Elliott NOT Circuit ORIGINAL Clerk DOCUMENT 07/19/2018 11:55:40 AM KYCIR DEFENSE VI Punitive damages are not available pursuant to KRS Chapter 344. DEFENSE VII Joseph Meko and the Department of Corrections responded appropriately to the Plaintiffs’ allegations against Defendant Stephen Harper, promptly investigating complaints made known to them and taking appropriate action. The action by Joseph Meko and the Department of Corrections acts as a complete bar against the plaintiff’s claims. DEFENSE VIII The Plaintiffs unreasonably failed to take advantage of any preventative or otherwise. DEFENSE XI Plaintiff’s colluded among themselves and with others, including Dovie Kelly, to prevent the Department of Corrections from conducting investigations and taking appropriate action as required by Department of Corrections’ policy and applicable law including, but not limited to, Dovie Kelly filing a misleading, inaccurate report in December, 2013. DEFENSE X Presiding Judge: HON. REBECCA K. PHILLIPS (637246) corrective opportunities provided by the Department of Corrections or to avoid harm Plaintiffs have failed to join an indispensable party to this action. Plaintiffs’ failure to promptly and accurately report claims of sexual harassment caused damage to others and increased damage to themselves entitling to an apportionment of damages. Filed 14-CI-00061 10/18/2016 William Jason Ison, Elliott Circuit Clerk ANS : 000003 of 000005 DEFENSE XI Filed 14-CI-00061 10/18/2016 William Jason Ison, Elliott NOT Circuit ORIGINAL Clerk DOCUMENT 07/19/2018 11:55:40 AM KYCIR WHEREFORE, Defendants pray the Court dismiss this action, that the Plaintiffs take nothing that the Defendants recovery all cost and attorney fees expended in the defense of this action and any other relief to which the Defendants may appear to be entitled. ANS : 000004 of 000005 Presiding Judge: HON. REBECCA K. PHILLIPS (637246) /s/Edward A. Baylous II Edward A. Baylous II JUSTICE & PUBLIC SAFETY CABINET OFFICE OF LEGAL COUNSEL 125 Holmes St. Frankfort, KY 40601 Phone: 502-564-3279 Ext. 231 Edward.Baylous@ky.gov Filed 14-CI-00061 10/18/2016 William Jason Ison, Elliott Circuit Clerk Filed 14-CI-00061 10/18/2016 William Jason Ison, Elliott NOT Circuit ORIGINAL Clerk DOCUMENT 07/19/2018 11:55:40 AM KYCIR Certificate of Service The undersigned certifies that a true and accurate copy of the foregoing was served upon the parties by mailing, first-class postage prepaid, to: Ned Pillerdorf, Esq. Pillerdorf, DeRossett & Lane 124 West Court Street Prestonsburg, KY 41653 Attorney for Plaintiffs Joe F. Childers Bethany Baxter Joe F. Childers & Associates The Lexington Building 201 West Short Street Lexington, KY 40507 Attorney for Plaintiffs ANS : 000005 of 000005 /s/Edward A. Baylous II Edward A. Baylous II Presiding Judge: HON. REBECCA K. PHILLIPS (637246) on this the 12th day of October, 2016. Filed 14-CI-00061 10/18/2016 William Jason Ison, Elliott Circuit Clerk