Case 4:15-cv-04085-LLP Document 10 Filed 05/28/15 Page 1 of 3 PageID #: 29

UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o
TAMRA WELBIG,

CIV. 15-4085

:
Plaintiff,

vs.
:
CITY OF BROOKINGS, JEFF MILLER,
JORDAN HANSEN, JORDAN MCCASKILL,
and JUSTINA HILMOE,

ANSWER ON BEHALF OF
DEFENDANTS

:
:

Defendants.

o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o
Defendants City of Brookings (City), Jeff Miller, Jordan Hansen, Jordan McCaskill,
and Justina Hilmoe (n/k/a Justina Diamond), for their joint answer to Plaintiffs Complaint, state:
1.

Plaintiff's Complaint fails to state a claim upon which relief may be granted.

2.

Defendants deny each and every allegation contained in Plaintiff's Complaint

except allegations that are specifically admitted or qualified.

3.

All Defendants are protected by the doctrine of qualified immunity and thus

immune from suit by Plaintiff in this case.

4.

Defendants admit paragraphs 6, 7, 8, and 9 of Plaintiffs Complaint.

5.

Defendants specifically deny that Defendants, or any of them, deprived Plaintiff

of any right, privilege, or immunity protected by the United States Constitution or otherwise
injured or damaged her in any respect.

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Case 4:15-cv-04085-LLP Document 10 Filed 05/28/15 Page 2 of 3 PageID #: 30

Case Number: CIV. 15-4085

Answer on Behalf of Defendants

6.

Defendants deny that Plaintiff has been damaged or injured in the manner or

extent claimed in her Complaint.

7.

Defendants specifically deny that Defendants, or any of them, assaulted, battered,

or falsely imprisoned or used excessive force or otherwise violated any of Plaintiffs rights.
8.

Defendants specifically deny that Plaintiffs Complaint states a claim which

would entitle her to punitive or exemplary damages against Defendants, or any of them.
9.

Defendants specifically deny that Plaintiff has a claim against the City of

Brookings.
WHEREFORE, Defendants request that this Court enter its order dismissing Plaintiffs
Complaint on its merits, with prejudice, and that Plaintiff recover nothing, and that these
Defendants recover their costs, attorneys fees, and disbursements incurred in connection with
the defense of this case, and for such further relief as the Court deems appropriate.
Dated this 28th day of May, 2015.
WOODS, FULLER, SHULTZ & SMITH P.C.

By /s/ Gary P. Thimsen

Gary P. Thimsen
PO Box 5027
300 South Phillips Avenue, Suite 300
Sioux Falls, SD 57117-5027
Phone (605) 336-3890
Fax (605) 339-3357
Email gary.thimsen@woodsfuller.com
Attorneys for Defendants

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Case 4:15-cv-04085-LLP Document 10 Filed 05/28/15 Page 3 of 3 PageID #: 31

Case Number: CIV. 15-4085

Answer on Behalf of Defendants

CERTIFICATE OF SERVICE
I hereby certify that on the 28th day of May, 2015, I electronically filed the foregoing
Answer on Behalf of Defendants, with the Clerk of Court using the CM/ECF system which will
automatically send e-mail notification of such filing to the following:
Rick L. Ramstad
Crew & Crew, P.C.
rick@crewandcrew.com

Aaron D. Salberg
aarondsalberg@gmail.com

Attorneys for Plaintiff

/s/ Gary P. Thimsen

One of the attorneys for Defendants

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