Case 6:19-cv-00029-ADA-JCM Document 15 Filed 03/14/19 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
WACO DIVISION

JOHN FAIRCHILD and SUSIE §

FAIRCHILD, individually, and as §
Independent Administrators of, and on §
behalf of the ESTATE OF KELLI §
LEANNE PAGE and the heirs-at-law of §
KELLI LEANNE PAGE, § NO. 6:19-CV-29
§
Plaintiffs, §
§
v. §
§
CORYELL COUNTY, TEXAS; STEVEN §
RUSSELL LOVELADY; and WESLEY §
HARLAND PELFREY §
§
Defendants. §

DEFENDANT WESLEY PELFREY’S ANSWER

COMES NOW, Wesley Pelfrey (“Defendant” or “Pelfrey”) by and through his counsel of

record, and files this Answer to Plaintiffs’ Original Complaint, and respectfully states as follows:

ANSWER

I. Introductory Allegations

A. Parties

1-2. These are introductory allegations concerning the Plaintiffs to which no response

is required. Insofar as a response is required, Pelfrey lacks knowledge or information sufficient to

admit or deny the allegations in these paragraphs.

3-4. These are introductory allegations concerning the co-Defendants to which no

response is required. Insofar as a response is required, Pelfrey lacks knowledge or information

sufficient to admit or deny the allegations in these paragraphs.

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5. These are introductory allegations concerning Pelfrey to which no response is

required. Insofar as a response is required, Pelfrey admits the allegations in the first two sentences

of this paragraph. Pelfrey denies the allegations in the last two sentences of this paragraph.

B. Jurisdiction and Venue

6-8. Pelfrey admits the allegations in these paragraphs.

II. Factual Allegations

9. This paragraph contains introductory allegations to which no response is required.

Insofar as a response is required, Pelfrey lacks knowledge or information sufficient to admit or

deny the allegations in this paragraph.

10-13. Pelfrey lacks knowledge or information sufficient to admit or deny the allegations

in these paragraphs.

14. Pelfrey denies the allegations in this paragraph.

15. This paragraph contains introductory allegations to which no response is required.

Insofar as a response is required, Pelfrey lacks knowledge or information sufficient to admit or

deny the allegations in this paragraph.

16. Pelfrey admits that some of the relevant events are contained on video. Pelfrey

denies the remaining allegations in this paragraph.

17-37. Pelfrey denies the allegations in these paragraphs.

38. Pelfrey admits the allegations in this paragraph.

39-53. Pelfrey denies the allegations in these paragraphs.

54-59. Pelfrey lacks knowledge or information sufficient to admit or deny the allegations

in these paragraphs.

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60. Pelfrey lacks knowledge or information sufficient to admit or deny the allegations

in this paragraph.

61. Pelfrey denies the allegations in this paragraph.

62. Pelfrey lacks knowledge or information sufficient to admit or deny the allegations

in this paragraph.

63-64. Pelfrey denies the allegations in these paragraphs.

65-70. Pelfrey lacks knowledge or information sufficient to admit or deny the allegations

in these paragraphs.

71. Pelfrey denies the allegations in this paragraph.

72-90. Pelfrey lacks knowledge or information sufficient to admit or deny the allegations

in these paragraphs.

III. Causes of Action

91-100. Pelfrey denies the allegations in these paragraphs.

101-116. Pelfrey lacks knowledge or information sufficient to admit or deny the

allegations in these paragraphs.

IV. Concluding Allegations

117-120. These are conclusory paragraphs to which no response is required. Insofar

as a response is required, Pelfrey lacks knowledge or information sufficient to admit or deny the

allegations in these paragraphs.

AFFIRMATIVE DEFENSES

1. Plaintiffs’ claims against Defendant are barred, in whole or in part, by qualified

immunity.

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2. Plaintiffs have pleaded one or more causes of action against Defendant that are not

cognizable by law.

Respectfully submitted,

/s/ S. Cass Weiland

S. Cass Weiland
State Bar No. 21081300
Robert A. Hawkins
State Bar No. 00796726
SQUIRE PATTON BOGGS LLP
2000 McKinney Ave., Suite 1700
Dallas, Texas 75201
(214) 758-1500
(214) 758-1550 (fax)
cass.weiland@squirepb.com
robert.hawkins@squirepb.com

ATTORNEYS FOR DEFENDANT

WESLEY PELFREY

CERTIFICATE OF SERVICE

I certify that on March 14, 2019, a true and correct copy of the foregoing was served on

counsel of record via the Court’s electronic filing system.

/s/ S. Cass Weiland

S. Cass Weiland

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