IN THE COURT OF COMMON PLEAS OF FAIRFIELD COUNTY, OHIO


Robert A. Neinast
Plaintiff,
-vs-
Board of Trustees of the Fairfield County
District Library,
Defendant.
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CASE NO. 2009-CV-0657

JUDGE CHRIS A. MARTIN


AMENDED ANSWER OF DEFENDANT


Now comes Defendant who for its Answer to Plaintiff's Complaint states the following:

First Defense

1. Admits paragraphs 1,2,3,8, 10, 11, 12, and 13 of Plaintiff’s Complaint.

2. For the lack of information, denies paragraphs 4, 5, 6, 7, 9, and 14 of Plaintiff’s Complaint.

3. Denies paragraphs 15, 16, 17, 18, and 19 of Plaintiff’s Complaint.

4. Denies each and every other allegation of Plaintiff’s Complaint not specifically admitted herein.

Second Defense

5. Said Defendant realleges its first defense as though fully rewritten herein.

6. Plaintiff's Complaint fails to state a claim for which relief may be granted.

Third Defense

7. Said Defendant realleges its first two defenses as though fully rewritten herein.

8. Defendant states that it is immune from tort liability pursuant to Chapter 2744 of the Ohio Revised Code.

Fourth Defense

9. Said Defendant realleges its first three defenses as though fully rewritten herein.

10. Plaintiffs claims are barred by the doctrine of res judicata, Plaintiff having previously litigated the same issues in the Federal Courts and the Courts of the State of Ohio, and having all Courts render decisions adverse to Plaintiff herein on each occasion.

Fifth Defense

11. Said Defendant realleges its first four defenses as though fully rewritten herein.

12. Plaintiffs claims are barred by the doctrine of collateral estoppel, Plaintiff having previously litigated the same issues with a different defendant in the Federal Courts and the Courts of the State of Ohio, and having all Courts render decisions adverse to Plaintiff herein on each occasion.

WHEREFORE, this answering Defendant demands that this case be dismissed at Plaintiffs costs and that Defendant be awarded any and all other legal and equitable relief the Court deems proper.


                               
Roy E. Hart (0023826)
Assistant Prosecuting Attorney
Attorney for Defendants
201 South Broad Street — Suite 400
Lancaster, Ohio 43130
740-653-4259 or 614-837-2699
Fax 740-553-4708


CERTIFICATE OF SERVICE

The undersigned hereby certifies that a copy of the foregoing Answer of Defendant was sent by ordinary U.S. mail, postage prepaid, to Robert A. Neinast, acting pro se, at his address of 8617 Ashford Lane, Pickerington, Ohio 43147, this      day of                            , 2009.

                               
Roy E. Hart (0023826)
Assistant Prosecuting Attorney
Attorney for Defendant