The defendants in Jose “Chille” DeCastro’s on-going federal civil rights lawsuit against members of the Las Vegas Metro Police Department responded to DeCastro’s motion to strike parts of their motion to dismiss or strike portions DeCastro’s complaint on Friday.
The motion stated that their motion to strike was properly filed and that they complied with the rules to tell DeCastro what arguments they intended to use in their defense, they made it clear that when there were accusations that DeCastro made that they had no knowledge of, they made that clear to the court and DeCastro, and finally that if their motion was somehow deficient, they should be granted a motion to leave to file corrections.
Attorney Craig R. Anderson, writing for the defense, went through the fifteen affirmative defenses presented by the defendants and explained in each listing, how DeCastro failed to explain how the defenses failed to give him adequate notice or gave the court the basis to deem their responses as admissions of guilt.
The defendants are asking the court to deny DeCastro’s motion to strike their answer and have their responses deemed as admissions.