24-CV-23-1522
Filed in District Court
State of Minnesota
10/16/2023 5:09 PM
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF FREEBORN THIRD JUDICIAL DISTRICT
CASE TYPE: OTHER CIVIL
Candace Pesch, Court File No. 24-CV-23-1522
Plaintiff,
v. ANSWER
Freeborn County,
Defendant.
Defendant County of Freeborn (“County” or “Defendant”), for its Answer to
Plaintiff’s Complaint, states and alleges as follows:
1. Deny each and every allegation, matter, and thing in Plaintiff’s Complaint except
as hereinafter specifically admitted, qualified, or otherwise answered.
2. Admit paragraphs 2, 5, 6, 33, and 34.
3. With respect to paragraphs 1, 37-50, and 59, Defendant is without sufficient
knowledge to admit or deny, and therefore denies the same and puts Plaintiff to
her strictest proof thereof.
4. With respect to paragraphs 3, 4, 21-32, 62-64, 66, 69-74, 77-79, 83-85, 89-91
Defendant alleges that such paragraphs contain solely statements of law or legal
conclusions, to which no responsive pleading is required; and, to the extent that a
responsive pleading is required, the law speaks for itself, does not necessarily state
what Plaintiff says it does, does not necessarily apply under the facts of this
24-CV-23-1522
Filed in District Court
State of Minnesota
10/16/2023 5:09 PM
matter, and/or does not necessarily stand for the propositions for which it is
asserted; and denies all other characterizations and/or factual allegations unless
specifically admitted herein.
5. State that the documents referenced in paragraphs 51-53, and 58 speak for
themselves.
6. With respect to paragraph 7, state that the excerpt cited is from the County website
and sets forth only a portion of the information set forth on the website.
7. With respect to paragraph 8, Admit that County Department Heads, other than
elected officials, are appointed by the County Board.
8. With respect to paragraph 9, state that the County Board sets the budget for each
County Department.
9. With respect to paragraphs 10, 11 and 12, state that the County has a phone system
that is used by its employees to make and receive calls.
10. With respect to paragraphs 16, 17, 18, 19 and 20, state that the County has
personnel policies, notices and other documents issued to employees and that
those policies, notices and documents speak for themselves.
11. With respect to paragraph 54, state that the County, through legal counsel,
conducted an investigation of a data practices breach.
12. With respect to paragraph 55 and 56, state that a County employee was in
possession of a recording that was shared and that another County employee
shared the recording with her attorney.
13. With respect to paragraph 57, deny that any private data on Plaintiff was breached.
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24-CV-23-1522
Filed in District Court
State of Minnesota
10/16/2023 5:09 PM
14. Paragraphs 61, 68, 76, 82, 88, 94 and 99 are not subject to responsive pleadings
and to the extent that they are, the paragraphs are denied.
15. With respect to the Prayer for Relief, assert that no responsive pleading is
required; and, to the extent that responsive pleading is required, deny.
AFFIRMATIVE DEFENSES
1. Affirmatively allege that the Complaint, in whole or in part, fails to state a claim
upon which relief can be granted.
2. Affirmatively allege that Plaintiff’s claims are or may be barred by the equitable
doctrines of unclean hands, estoppel, and/or any other equitable defenses.
3. Defendant hereby gives notice that, given the multiple allegations or statements
contained in many Paragraphs in the Complaint, it intends to rely upon any such
affirmative defense as may become available or apparent during the course of
discovery.
PRAYER FOR RELIEF
WHEREFORE, Defendant prays that Plaintiff take nothing against Defendant by
his pretended cause of action, that the same be dismissed with prejudice, and that
Defendant recover judgment for its costs, disbursements, together with whatever other
relief the Court deems just and equitable.
The undersigned hereby acknowledges that costs, disbursements and reasonable
attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2, to
the party against whom the allegations in this pleading are asserted.
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24-CV-23-1522
Filed in District Court
State of Minnesota
10/16/2023 5:09 PM
RATWIK, ROSZAK & MALONEY, P.A.
Dated: October 16, 2023 By:_________________________________
Ann R. Goering
Attorney Reg. No. 0210699
Timothy P. Anderson
Attorney Reg. No. 0402936
444 Cedar Street, Suite 2100
St. Paul, MN 55101
(612) 339-0060
ATTORNEYS FOR DEFENDANT
RRM: 521672
