UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

WILLIAM THOMAS,                        
          Plaintiff                   

     v.                            Civil Action No. 97-0712 (TFH)

CHRISTIAN STANTON, et al.,
          Defendants

Answer on behalf of the United States [1]

Defendant United States, by its undersigned attorneys, hereby answers the complaint as follows:

First Defense

The complaint fails to state a claim upon which relief can be granted.

Second Defense

Defendant United States answers each of the numbered paragraphs of the complaint as follows:

1. This paragraph contains a conclusion of law to which no response is required, but inasmuch as a response is deemed to be

2. Admit.

3. Defendant is without sufficient information or knowledge to admit or deny the allegation in this paragraph.

[1 Defendants have filed simultaneously herewith a partial motion to dismiss on behalf of defendant Stanton asserting, inter alia, the defense of qualified immunity.]

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4. This paragraph contains plaintiff's characterization of his action to which no response is required, but inasmuch as a response is deemed to be required, deny.

5. Admit.

6. Admit that on April 6, 1996, Officer Stanton approached the plaintiff who was at the center of Lafayette Park sidewalk; that plaintiff was screaming the preamble to the Constitution; that plaintiff Stanton advised the plaintiff to keep quiet; that after being told several times to stop screaming by Officer Stanton and other officers, the plaintiff stopped yelling and the officers left. Deny the remainder of this paragraph.

7. First sentence, admit, except to aver that defendant is without sufficient information or knowledge to admit or deny whether plaintiff conversed with a group of people in front of the White House on the south side of Pennsylvania Avenue regarding principles of free speech. Second sentence, defendant is without sufficient information or knowledge to admit or deny the allegations in this sentence. Third sentence, admit that plaintiff continued to project his voice so that others could hear him and aver that defendant is without sufficient information or knowledge to admit or deny the remaining allegations in this sentence. Fourth, fifth and sixth sentences, deny. Seventh sentence, deny, except to admit that Officer Stanton pulled plaintiff. Eighth sentence, deny except to admit that Officer Stanton pulled the plaintiff to the ground. Ninth sentence, deny, except to admit that plaintiff continued to push up off of the ground. Tenth

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sentence, defendant is without sufficient information or knowledge to admit or deny the allegations in this sentence. Sentence eleven, admit. Sentence twelve, defendant is without sufficient information or knowledge to admit or deny the allegations in this sentence. Sentences thirteen and fourteen, deny. Sentence fifteen deny, except to admit that there was blood on the plaintiff ''s face which was coming from the plaintiff's nose.

8. First Sentence, deny, except to admit that several Secret Service Officers ran toward plaintiff and Officer Stanton. Second sentence, defendant is without sufficient information or knowledge to admit or deny the allegations in this sentence. Sentence three, admit. Sentence four, defendant is without sufficient information or knowledge to admit or deny the allegations in this sentence.

Sentence five, admit.

9. Sentences one through three, admit. Sentence four, admit that the plaintiff was handcuffed and aver that defendant is without sufficient information or knowledge to admit or deny the remaining allegations in this sentence. Sentence five, admit. Sentence six, deny, except to admit that Sgt. Hutchinson arrived at the substation. Sentence seven, deny. Sentence eight, defendant is without sufficient information or knowledge to admit or deny the allegation in this sentence.

10. Deny, except to admit that plaintiff was handcuffed with his hands behind his back.

11. The defendant is without Sufficient information or knowledge to admit or deny the allegations in this paragraph.

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12. Deny.

13-17. The allegations in these paragraphs constitute conclusions of law to which no response is required, but inasmuch as a response is deemed to be required, deny.

18-23. These paragraphs constitute plaintiff's request for relief to which no response is required, but inasmuch as a response is deemed to be required, deny.

24. This paragraph constitutes plaintiff's characterization of his action to which no response is required, but inasmuch as a response is deemed to be required, deny.

Defendant denies that plaintiff is entitled to the relief requested or any relief whatsoever. Except to the extent expressly admitted or qualified above, defendant denies each and every allegation in the Complaint.

Having fully answered, defendant respectfully requests that this action be dismissed with prejudice and that defendant be granted her costs and such other relief as this Court deems appropriate.

Respectfully submitted,

Mary Lou Leary (by S.M.L)
MARY LOU LEARY, D C Bar #337485
United States Attorney

JOHN D. BATES, (by S.M.L.)
JOHN D. BATES, # 934927
Assistant United States Attorney

(signed) Stacy M. Ludwig .
STACY M. LUDWIG, DC Bar # 445719
Assistant United States Attorney

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Of Counsel
Kathy DiPippa, Esq.
United States Secret Service

CERTIFICATE OF SERVICE

I hereby certify that the foregoing copy of the United States' Answer to the Complaint was sent via first class mail, this 28th day of July 1997, addressed to:

Daniel M. Schember, Esq.
Alisa Wilkins, Esq.
Gaffney & Schember
1666 Connecticut Avenue, N.W.
Suite 225
Washington D.C. 20009

STACY M LUDWIG
Assistant United States Attorney
Judiciary Center Building
555 Fourth St., N.W.
Washington, D.C. 20001
(202) 514-7147