Disclaimer: this document is not to be construed as legal advice. This document is copy of my Answer (defense) against Michael Gaffney's Complaint (suit) that I defamed him . Curiously Mr. Gaffney has not served his Complaint. I had to go to the Court and get a copy.
COMMONWEALTH
OF MASSACHUSETTS
WORCESTER, SS
SUPERIOR COURT
16-0288 B
********************************
Michael Gaffney, Plaintiff
Vs.
Gordon T. Davis *
Defendant
Vs.
InCity Times
Rosalie Tirella
Defendants
********************************
DEFENDANT GORDON T. DAVIS’
ANSWER
Now come the
Pro Se Defendant’s, Gordon T. Davis (Mr. Davis), answer to the Plaintiff’s
complaint. It is as follows:
1. The allegations in paragraph 1 of the
Complaint pertain to the identification of the Plaintiff to which Mr. Davis is
not required to answer.
2. The allegations in paragraph 2 of the
Complaint pertain to the identification of co defendants to which Mr. Davis is
not required to answer.
3. Admitted.
4. Mr. Davis is without knowledge or
sufficient information to form a belief about the truthfulness of the
allegation in paragraph 4 of the Complaint.
5. Denied.
6. Denied.
7. Denied.
8. Denied. Mr. Davis did not write or
publish the referenced item found in paragraph 8 of the Complaint.
9. Denied. Mr. Davis did not write or
publish the referenced item found in paragraph 9 of the Complaint.
10.
Denied. Mr. Davis did not write or publish any
tags whatsoever as referenced in paragraph 10 of the Complaint.
11.
Denied. The published materials are not
defamatory to Plaintiff.
12.
Denied.
Mr. Davis made no third party statement as to the truthfulness of the article
he wrote.
13.
Denied.
14.
Paragraph 14 of the Complaint is demands for
damages and consequently Mr. Davis is
not required to respond. To the extent
that paragraph 14 of the Complaint is construed to contain allegations of
wrongful conduct by Mr. Davis, those
allegations are denied.
Further answering, Mr. Davis asserts the following defenses:
AFFIRMATIVE DEFENSES
First Affirmative Defense
The First Amendment of the U.S. Constitution bars this
Complaint.
Alternate
Second Affirmative Defense
The plaintiff’s reputation is already
so tarnished that the
speech could not have harmed it
further.
Alternate
Third Affirmative Defense
The plaintiff’s suit is frivolous and done
in retaliation for a suit
filed by Mr. Davis against Plaintiff’s
business associates Aiden
Kearney and Turtleboy Sports.
Alternate
Fourth Affirmative Defense
The Plaintiff’s suit is frivolous as it
was intended as a distraction from the political accusations Plaintiff was
facing for posting offensive and false facebook posts.
Jury Claim
Mr. Davis requests a jury trial as to all
claims in this matter.
Respectfully
submitted,
-----------------------
------------
Gordon T. Davis Date
Pro Se Plaintiff
Cc: InCity Times
Ms. Rosalie Tirrella
CERTIFICATE OF SERVICE
I hereby
certify that a true copy of the Answers to Complaint was served to the
Plaintiff, Michael Gaffney, on March 8, 2016 by means of first class mail sent
to Plaintiff’s address of 1 Bancroft Tower Road Worcester MA 01609.
----------------------------------------
------------------ Gordon T. Davis Date
