Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 1 of 8

1 CATHERINE CORTEZ MASTO

Attorney General
2 KRISTEN R. GEDDES
Deputy Attorney General
3 Nevada Bar No. 9027
Bureau of Public Affairs
4 Division of Public Safety
100 North Carson Street
5 Carson City, Nevada 89701-4717
Tel: (775) 684-1231
6 Fax: (775) 684-1103
kgeddes@ag.nv.gov
7
Attorneys for Defendants David Morrow,
8 Eric Johnson and Andrew Bass

9
10 IN THE UNITED STATES DISTRICT COURT
Nevada Office of the Attorney General

11 DISTRICT OF NEVADA
Carson City, NV 89701-4717
100 North Carson Street

12
13 AL BAKER, ) Case No. 3:10-cv-00426-ECR-RAM
)
14 Plaintiff, )
)
15 vs. )
)
16 ALLEN BIAGGI, Director of the Nevada )
Department of Conservation and Natural )
17 Resources; DAVID K. MORROW, ) ANSWER
Administrator of the Nevada State Parks; )
18 ALLEN NEWBERRY, Nevada State Parks )
Chief of Operations and Maintenance; ERIC )
19 JOHNSON, Nevada State Parks Fallon )
Regional Manager; and ANDREW BASS, )
20 Park Supervisor I, Wild Horse State )
Recreation Area, )
21 )
Defendants. )
)
22
Defendants, David K. Morrow, Administrator of the Nevada State Parks, Eric Johnson,
23
Nevada State Parks Fallon Regional Manager, and Andrew Bass, Park Supervisor I, Wild
24
25 Horse State Recreation Area, by and through their attorneys of record, Catherine Cortez

26 Masto, Attorney General of the State of Nevada, and Kristen R. Geddes, Deputy Attorney

27 General, in answer to Plaintiff’s Complaint (“Complaint”) on file herein, admit, deny and allege as

28 follows:

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 Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 2 of 8

1 NATURE OF THE CLAIMS

2 1. Answering Plaintiff’s Complaint on file herein at ¶ 1, Defendants ADMIT that Plaintiff
3 asserts claims for declaratory and injunctive relief.
4 JURISDICTION
5 2. Answering Plaintiff’s Complaint on file herein at ¶ 2, Defendants ADMIT that jurisdiction
6 is proper pursuant to 28 U.S.C. § 1331, 28 U.S.C. § 1343(a)(3), and 42 U.S.C. § 1983.
7 VENUE
8 3. Answering Plaintiff’s Complaint on file herein at ¶ 3, Defendants ADMIT only that venue
9 is proper pursuant to 28 U.S.C. § 1391(b) and LR IA8-1. Defendants DENY the
10 remaining allegations contained therein.
Nevada Office of the Attorney General

11 PARITES
Carson City, NV 89701-4717
100 North Carson Street

12 4. Answering Plaintiff’s Complaint on file herein at ¶ 4, Defendants are without sufficient

13 information to form a belief as to the truth of the allegations contained therein, and on
14 that basis DENY same.
15 5. Answering Plaintiff’s Complaint on file herein at ¶ 5, Defendants are without sufficient
16 information to form a belief as to the truth of the allegations contained therein, and on
17 that basis DENY same.
18 6. Answering Plaintiff’s Complaint on file herein at ¶ 6, Defendants are without sufficient
19 information to form a belief as to the truth of the allegations contained therein, and on
20 that basis DENY same.
21 7. Answering Plaintiff’s Complaint on file herein at ¶ 7, Defendants DENY each and every
22 allegation contained therein.
23 8. Answering Plaintiff’s Complaint on file herein at ¶ 8, Defendants ADMIT only that David
24 Morrow is the Administrator of the Nevada Division of State Parks and that he is sued
25 in his individual and official capacities. Defendants DENY the remaining allegations
26 contained therein.
27 9. Answering Plaintiff’s Complaint on file herein at ¶ 9, Defendants DENY each and every
28 allegation therein.

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1 10. Answering Plaintiff’s Complaint on file herein at ¶ 10, Defendants ADMIT only that Eric
2 Johnson is the Nevada Division of State Parks Fallon Regional Manager; that
3 Defendant Johnson is responsible for the management of the Fallon Region of the
4 Division of State Parks; and that Defendant Johnson is sued in his individual and
5 official capacities. Defendants DENY the remaining allegations contained therein.
6 11. Answering Plaintiff’s Complaint on file herein at ¶ 11, Answering Plaintiff’s Complaint
7 on file herein at ¶ 11, Defendants ADMIT only that Andrew Bass is a Park Supervisor I
8 for the Wild Horse State Recreation Area; that Defendant Bass is responsible for the
9 supervision of the Wilde Horse State Recreation Area; and that Defendant Bass is sued
10 in his individual and official capacities. Defendants DENY the remaining allegations
Nevada Office of the Attorney General

11 therein.
Carson City, NV 89701-4717
100 North Carson Street

12 LEGAL BACKGROUND
13 12. Answering Plaintiff’s Complaint on file herein at ¶ 12, Defendants ADMIT that the
14 Second Amendment states: “A well regulated Militia, being necessary to the security of
15 a free State, the right of the people to keep and bear Arms, shall not be infringed.”
16 13. Answering Plaintiff’s Complaint on file herein at ¶ 13, Defendants are without sufficient
17 information to form a belief as to the truth of the allegations contained therein, and on
18 that basis DENY same.
19 14. Answering Plaintiff’s Complaint on file herein at ¶ 14, Defendants are without sufficient
20 information to form a belief as to the truth of the allegations contained therein, and on
21 that basis DENY same.
22 15. Answering Plaintiff’s Complaint on file herein at ¶ 15, Defendants are without sufficient
23 information to form a belief as to the truth of the allegations contained therein, and on
24 that basis DENY same.
25 16. Answering Plaintiff’s Complaint on file herein at ¶ 16, Defendants ADMIT that the
26 Fourteen Amendment contains in pertinent part, the cited language.
27 ///
28 ///

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1 17. Answering Plaintiff’s Complaint on file herein at ¶ 17, Defendants are without sufficient
2 information to form a belief as to the truth of the allegations contained therein, and on
3 that basis DENY same.
4 18. Answering Plaintiff’s Complaint on file herein at ¶ 18, Defendants DENY each and
5 every allegation therein.
6 19. Answering Plaintiff’s Complaint on file herein at ¶ 19, Defendants DENY each and
7 every allegation contained therein.
8 20. Answering Plaintiff’s Complaint on file herein at ¶ 20, Defendants DENY each and
9 every allegation contained therein.
10 21. Answering Plaintiff’s Complaint on file herein at ¶ 21, Defendants are without sufficient
Nevada Office of the Attorney General

11 information to form a belief as to the truth of the allegations contained therein, and on
Carson City, NV 89701-4717
100 North Carson Street

12 that basis DENY same.

13 22. Answering Plaintiff’s Complaint on file herein at ¶ 22, Defendants are without sufficient
14 information to form a belief as to the truth of the allegations contained therein, and on
15 that basis DENY same.
16 STATEMENT OF FACTS
17 23. Answering Plaintiff’s Complaint on file herein at ¶ 23, Defendants ADMIT the
18 allegations contained therein.
19 24. Answering Plaintiff’s Complaint on file herein at ¶ 24, Defendants DENY each and
20 every allegation contained therein.
21 25. Answering Plaintiff’s Complaint on file herein ¶ 25, Defendants are without sufficient
22 information to form a belief as to the truth of the allegations that Plaintiff presently
23 intends to possess a functional firearm in Nevada State Parks, and if necessary
24 discharge that firearm for self-defense, and on that basis DENY same. Defendants
25 DENY all remaining allegations contained therein.
26 ///
27 ///
28 ///

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FIRST CLAIM FOR RELIEF

1 (Functional Firearms Ban)
(Right to Keep and Bear Arms)
2 (Declaratory and Injunctive Relief)
3 26. Answering Plaintiff’s Complaint on file herein ¶ 26, Defendants reallege and
4 incorporate the admissions and denials in the preceding paragraphs as though fully set
5 forth herein.
6 27. Answering Plaintiff’s Complaint on file herein ¶ 27, Defendants are without sufficient
7 information to form a belief as to the truth of the allegations contained therein, and on
8 that basis DENY same.
9 28. Answering Plaintiff’s Complaint on file herein ¶ 28, Defendants DENY all allegations
10 contained therein.
Nevada Office of the Attorney General

11 29. Answering Plaintiff’s Complaint on file herein ¶ 29, Defendants DENY all allegations
Carson City, NV 89701-4717
100 North Carson Street

12 contained therein.
13 30. Answering Plaintiff’s Complaint on file herein ¶ 30, Defendants DENY all allegations
14 contained therein, including that Plaintiff is entitled to any relief specified therein.
15 SECOND CLAIM FOR RELIEF
(Prohibition on Defensive Discharge of Firearms)
16 (Right to Keep and Bear Arms)
(Declaratory and Injunctive Relief)
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31. Answering Plaintiff’s Complaint on file herein ¶ 31, Defendants reallege and
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incorporate the admissions and denials in the preceding paragraphs as though fully set
19
forth herein.
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32. Answering Plaintiff’s Complaint on file herein ¶ 32, Defendants are without sufficient
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information to form a belief as to the truth of the allegations contained therein, and on
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that basis DENY same.
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33. Answering Plaintiff’s Complaint on file herein ¶ 33, Defendants DENY all allegations
24
contained therein.
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34. Answering Plaintiff’s Complaint on file herein ¶ 34, Defendants DENY all allegations
26
contained therein.
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35. Answering Plaintiff’s Complaint on file herein ¶ 35, Defendants DENY all allegations
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contained therein, including that Plaintiff is entitled to any relief specified therein.
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1 AFFIRMATIVE DEFENSES
2 1. Plaintiff’s Complaint fails to state a claim upon which relief can be granted;
3 2. Plaintiff’s claim are not ripe;
4 3. Plaintiff’s claims are moot;
5 4. Defendants are entitled to “qualified immunity” from this litigation and all liability;
6 5. The Eleventh Amendment to the United States Constitution bars actions against
7 Defendants;
8 6. Plaintiff is solely responsible for the harm alleged to have occurred;
9 7. Plaintiff’s alleged injuries, harm, and damages are speculative, barring or
10 reducing any damages award for the same;
Nevada Office of the Attorney General

11 8. Plaintiff failed to mitigate his losses, injuries, damages, if any;

Carson City, NV 89701-4717
100 North Carson Street

12 9. Plaintiff’s claims are barred by the applicable statute of limitations;

13 10. Plaintiff’s claims are barred by the doctrine of laches;
14 11. Defendants cannot be sued for monetary damages while acting in their official
15 capacity;
16 12. Plaintiff has failed to join necessary and indispensable parties under Federal
17 Rule of Civil Procedure 19;
18 13. Plaintiff lacks standing to litigate the claims, or any of them, of his Complaint;
19 14. Plaintiff’s claims are barred by the doctrine of “res judicata” and/or “collateral
20 estoppel”;
21 15. Plaintiff’s injuries, if any, were, de minimus and no recovery may be had
22 therefore;
23 16. Some or all of the named Defendants were not personally involved and/or the
24 cause in fact and proximate cause of Plaintiff’s alleged constitutional
25 deprivations;
26 17. Defendants presently have insufficient knowledge or information by which to
27 form a belief as to whether he may have additional, as yet unstated, defenses
28 available. Defendants herein reserves their right to assert additional defenses in

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1 the event discovery shows that it would be appropriate to assert additional

2 affirmative defenses.
3 WHEREFORE, Defendants pray as follows:
4 1. That Plaintiff take nothing by virtue of his Complaint;
5 2. That Defendants have judgment for their costs and attorney fees as determined
6 by law;
7 3. For such other and further relief as the Court may deem just and proper.
8 DATED this 13th day of August, 2010.
9
CATHERINE CORTEZ MASTO
10 Attorney General
Nevada Office of the Attorney General

11
Carson City, NV 89701-4717
100 North Carson Street

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By: __________________________
13 Kristen R. Geddes
14 Deputy Attorney General

15 Attorneys for Attorneys for Defendants David

Morrow, Eric Johnson and Andrew Bass
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 Case 3:10-cv-00426-ECR-RAM Document 7 Filed 08/13/10 Page 8 of 8

1 CERTIFICATE OF SERVICE
2 I certify that I am an employee of the Office of the Attorney General, State of Nevada,
3 and that on this 13th day of August 2010, I caused to be served a copy of the foregoing
4 ANSWER, by CM/ECF to the following:
5 Robert Salyer
Wilson, Barrow and & Sayler, Ltd.
6 442 Court Street
Elko, NV 89801
7 salyer@wilsonbarrows.com
8 James M. Manley
Mountain States Legal Foundation
9 2596 South Lewis Way
Lakewood, CO 80227
10 jmanley@mountainstateslegal.com
Nevada Office of the Attorney General

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Carson City, NV 89701-4717
100 North Carson Street

12 s/s Sandie Geyer

Sandie Geyer, LSII
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