Defendant's Answer To 1st Amended Complaint - ECF 343

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF VIRGINIA
ELIZABETH SINES ET AL. : Case No. 3:17-CV-72
Plaintiff : Judge MOON
:
-v-
JASON KESSLER ET AL. :
:
Defendants
_______________________________________________________
ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT

_______________________________________________________
Defendants Jason Kessler, Christopher Cantwell, Robert Ray, Nathan Damigo,
Matthew Heimbach, Matthew Parrott, Jeff Schoep, Vanguard America, Identity Evropa,
Traditionalist Worker Party, National Socialist Movement, and Nationalist Front
(“Answering Defendants”) state their Answer to Plaintiff’s First Amended Complaint as
follows:
1. Denied. 1
1
To the extent Nationalist Front (“NF”) took any action at all in Charlottesville it was taken by NF member
organizations. In this Answer those would be TWP, NSM, and Vanguard. If any of those organizations
1
Case 3:17-cv-00072-NKM-JCH Document 343 Filed 07/23/18 Page 1 of 82 Pageid#: 2995
2. Answering Defendants are without knowledge or information sufficient to
form a belief as to the truth of the allegations in this paragraph, and on that
basis, deny those allegations.
3. Answering Defendants deny the allegations in the first sentence of this
paragraph; are without knowledge or information sufficient to form a belief as
to the truth of the allegations in the second sentence of this paragraph, and on
that basis, deny those allegations except that it is denied any Answering
Defendant is a “Klansmen”; are without knowledge or information sufficient
to form a belief as to the truth of the allegations in the third and fourth
sentences of this paragraph, and on that basis, deny those allegations; admit
that Cantwell brought firearms and mace, that Vanguard, NSM, Heimbach,
Parrott, and Schoep, brought shields and flagpoles, that Identity Evropa, and
Damigo, brought signs and flagpoles, and that Ray brought mace, deny any
other allegation in the fifth sentence of this paragraph; are without knowledge
or information sufficient to form a belief as to the truth of the allegations in the
sixth sentence of this paragraph, and on that basis, deny those allegations,
except that Kessler, Cantwell, and Ray admit that persons chanted the listed
phrases or something similar on August 11, 2017; and deny the remaining
allegations in this paragraph.
4. Answering Defendants admit the allegations in the first sentence of this
paragraph is accurate but deny they are in any way legally responsible for said
makes an admission to an allegation herein it is also admitted by NF. If none of them make an admission it
is also denied by NF. In addition, where a particular Answering Defendant makes an admission or denial it
is admitted or denied by all based solely on the knowledge of that particular answering defendant and to the
limits of said defendants knowledge. Further, the phrase “or ratifying” should be included in each factual
denial whether or not fully typed in as it was occasionally omitted due to a word processing error.
2
violence occurring; deny the second sentence of this paragraph; admit the listed
quotes in the remainder of the paragraph are accurate or that something similar
was posted to the internet, but deny the remaining allegations in this paragraph.
5. Denied.
6. Denied.
7. Denied.
8. Admitted.
9. Admitted.
3
basis, deny those allegations except Jason Kessler admits he uses or has used
the internet handles listed, was an organizer for Unite the Right, founded Unity
and Security for America, contributed to VDare and Daily Caller, was featured
on a promotional poster, got in a fight with a man in January 2017 and
subsequently pled guilty to a misdemeanor charge resulting therefrom, and was
charged with perjury, and has collected petition signatures as alleged.
4
basis, deny those allegations except Christopher Cantwell admits he resides in
New Hampshire, hosts “Radical Agenda” and it’s associated social media, has
made the statements listed or something similar, and was charged with felonies
as alleged or something similar.
basis, deny those allegations except that they admit Mr. Fields has been
indicted.
basis, deny those allegations except Vanguard America admits the general
description given of it in this paragraph is passably accurate, denies that James
Fields is or ever has been a member; and admits that Fields wore a Vanguard
uniform and carried a Vanguard shield on August 12.
basis, deny those allegations except they admit Anglin is the publisher of the
5
Daily Stormer and that said publication posted the poster alleged or something
similar.
basis, deny those allegations except they admit the fundraising post alleged or
something similar was posted.
basis, deny those allegations except Robert Ray admits he is a resident of
Texas, occasionally writes for Daily Stormer, has occasionally represented
Daily Stormer and did so in relation to Unite the Right, is involved with Daily
Stormer DFW book clubs both in Dallas and generally, encouraged persons to
attend the relevant events on Daily Stormer, attended the rally on both August
11 and 12, denies as factually inaccurate allegations of extremism or wrongful
violence, and admits attending certain meetings but denies any wrongful
conduct plans to do same.
basis, deny those allegations except Nathan Damigo admits he was resident of
California, was a member of Identity Evropa, punched the woman called
“Moldylocks” in April 2017 in Berkeley and made the statement attributed to
him or something similar. Answering Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations about
6
what Richard Spencer did or didn’t say, and on that basis, deny those
allegations.
basis, deny those allegations except they admit Mosley was a planner of Unite
the Right.
basis, deny those allegations except Identity Evropa admits the general
description given of it in this paragraph is passably accurate with the exception
of the allegation and implication of any supremacism.
basis, deny those allegations deny except Matthew Heimbach admits he was a
leader of TWP and Traditionalist Youth Network, is familiar with Jeff Schoep
and Nationalist Front, made the Hitler statement or something similar, and led
TWP on August 12.
basis, deny those allegations except that Matthew Parrott admits the paragraph
is accurate but adverts that his status in the TWP described in this paragraph is
no longer accurate.
7
33. Admitted except that Answering Defendants are without knowledge or
information sufficient to form a belief as to the truth of the allegations
regarding the Virginia Code in this paragraph, and on that basis, and deny
those allegations and deny as factually inaccurate the allegation that violence
engaged in was wrongful or unlawful in last sentence of this paragraph.
basis, deny those allegations except they deny as factually inaccurate the
allegation of unlawful violence.
basis, deny those allegations except that Jeff Schoep admits this paragraph is
accurate.
basis, deny those allegations except that Jeff Schoep and NSM admit that,
8
other than legal conclusions and allegations of violence, the description of
NSM in this paragraph is substantially accurate.
basis, deny those allegations, except that Jeff Schoep and Matthew Heimbach
admit Nationalist Front was supposed to be a way for disparate pro-white
groups to cooperate on individual projects should they choose to do so, and
deny as factually inaccurate allegations of wrongful violence or intimidation.
basis, deny those allegations except they admit they are aware of the
participation Mr. Invictus in the rally.
basis, deny those allegations except they admit they are aware of Mr.
Peinovich’s online business presence and are aware that at least Spencer
addressed the crowd at various times on August 11 and 12.
9
basis, deny those allegations except they deny as factually inaccurate
allegations of conspiracy or wrongful violence.
45. Denied.
46. Denied except that Answering Defendants are aware of the “summer of hate”
meme on Daily Stormer.
47. Answering defendants deny the allegations in this paragraph except they admit
the Lee statue issue was relevant to the decision to rally in Charlottesville.
48. Answering defendants deny the allegations in this paragraph except they admit
the Lee statue issue was relevant to the decision to rally in Charlottesville.
basis, deny those allegations except that Jason Kessler denies as factually
inaccurate the allegations of intimidation in this paragraph.
basis, deny those allegations except that Jason Kessler, Nathan Damigo,
Matthew Heimbach, Identity Evropa, Vanguard America, and TWP admit the
description of signs carried and chants verbally made, as distinct from what
WW2 era Nazi government policy or philosophy was, is substantially accurate.
51. Denied as factually inaccurate except that Jason Kessler admits the statements
attributed to him in quotes are substantially accurate.
10
basis, deny those allegations except that Damigo and Kessler admit that the
quoted statement was made if not by Spencer than by a different speaker.
53. Answering Defendants deny as factually inaccurate the allegations in this
paragraph except they admit they are aware that the Daily Stormer published
the language indicated.
paragraph except they admit they are aware that the May event has been
referred to as indicated.
paragraph except they admit Jason Kessler applied for a permit and that lawful
event planning began prior to August 2017.
paragraph except Jason Kessler admits the “Proud Boys” were invited and the
statements in quotes are substantially accurate.
basis, deny those allegations except that Jason Kessler admits he witnessed the
July 2017 and it’s description in this paragraph is substantially accurate.
11
basis, deny those allegations except that Jason Kessler admits the allegations in
this paragraph.
60. Denied as factually inaccurate.
basis, deny those allegations except that Robert Ray admits the indicated
language was published by the daily Stormer.
63. Denied as factually inaccurate except that Answering Defendants admit some
lawful event planning did occur.
69. Admitted that the internet is used by Answering Defendants and others to
communicate a variety of ideas, denied as factually inaccurate that Answering
Defendants used it as specifically alleged in this paragraph.
70. Answering Defendants deny as factually inaccurate the allegation in this
paragraph that they used the internet to conspire to commit any wrongful or
unlawful acts but admit it was used for lawful event planning. Nathan Damigo
12
and Identity Evropa deny as factually inaccurate the allegation in the last
sentence of this paragraph and deny as factually inaccurate that this was an
official Identity Evropa event, however it is admitted that Identity Evropa
members participated in lawful political activity on relevant dates.
71. Answering Defendants state that the Discord site and how it works speak for
itself.
72. Answering Defendants admit a Charlottesville server was set up on Discord,
deny as factually inaccurate the remainder of the allegations in this paragraph,
but admit that some lawful event planning did occur on the Discord.
basis, deny those allegations except that Jason Kessler admits he was a
moderator on relevant Discord channel and that it was invite only and he could
view and delete posts in his channel.
75. Answer Defendants deny as factually inaccurate the allegations in this
paragraph that any unlawful conspiring or activity was perpetrated by them on
the Discord but Jason Kessler and Nathan Damigo admit lawful event planning
occurred on the Discord.
basis, deny those allegations except that they admit there was more than one
channel dedicated to lawful planning of the Rally on Discord.
13
basis, deny those allegations except that Jason Kessler, Nathan Damigo, and
Vanguard America admit that there were private channels on Discord for Rally
planning as to specific groups.
basis, deny those allegations except that Jason Kessler admits the indicated
persons all participated in or were referenced on Discord.
79. Denied as factually inaccurate except that Jason Kessler admits lawful
promotional material was shared on Discord.
basis, deny those allegations except that Jason Kessler admits those hashtags
were used on Twitter.
basis, deny those allegations except that Vanguard America admits it had a
Discord channel one purpose of which was to communicate with event
organizers.
14
basis, deny those allegations except that they are aware that the listed group
had a Discord server.
basis, deny those allegations, deny as factually inaccurate allegations of
conspiracy or the planning of unlawful acts, but Jason Kessler admits that not
all Discord servers have appeared publicly.
conspiracy or the planning of unlawful acts, but Robert Ray admits Daily
Stormer used it’s website for lawful planning activities.
conspiracy or the planning of unlawful acts, but admit they are aware of the
Charlottesville statement and aver that the statement speaks for itself.
conspiracy or the planning of unlawful acts, and aver that the Daily Stormer
speaks for itself.
15
conspiracy or the planning of unlawful acts, and aver that altright.com speaks
for itself.
conspiracy or the planning of unlawful acts, but Robert Ray admits he appears
on the referenced video interview and that said video speaks for itself.
conspiracy or the planning of unlawful acts.
conspiracy or the planning of unlawful acts, but TWP admits created or
distributed the reference poster and avers that the poster speaks for itself.
conspiracy or the planning of unlawful acts, but Robert Ray and Vanguard
16
admit they created or distributed the referenced poster and aver that the poster
speaks for itself.
conspiracy or the planning of unlawful acts, and aver that the Daily Stormer
and altright.com speak for themselves.
conspiracy or the planning of unlawful acts, aver that the referenced
publications speak for themselves, but Robert Ray admits he posted the
language attributed to him or something similar.
conspiracy or the planning of unlawful acts.
conspiracy or the planning of unlawful acts, and aver the poster speaks for
itself including as to the identity of it’s creator and uploader.
17
conspiracy or the planning of unlawful acts, and aver publicly released Discord
logs speak for themselves.
conspiracy or the planning of unlawful acts, and aver the publicly available
chat logs speak for themselves.
98. Answering Defendants deny as factually inaccurate the allegations of
conspiracy or the planning of unlawful acts in this paragraph.
basis, deny those allegations, and deny as factually inaccurate the allegations of
conspiracy or the planning of unlawful acts in this paragraph.
100. Answering Defendants admit this document exists and was circulated,
deny as factually inaccurate the allegations of conspiracy or the planning of
unlawful acts in this paragraph, and aver that the document speaks for itself.
conspiracy or the planning of unlawful acts in this paragraph and aver that the
referenced document speaks for itself.
18
basis, deny those allegations, and deny as factually inaccurate any allegations
of conspiracy or the planning of unlawful acts in this paragraph and aver that
any such posting speaks for itself.
postings speak for themselves.
the postings speaks for themselves.
19
any such postings speaks for themselves.
any such posting speaks for itself but Jason Kessler admits he posted the
indicated language or something similar.
20
any such posting speaks for itself but Vanguard admits Mr. Rousseau was a
member at relevant times.
any such posting speaks for itself but Vanguard admits Mr. Rousseau was a
member at relevant times.
any such posting speaks for itself, but Vanguard admits Mr. Rousseau was a
member at relevant times and Mr. Ray admits he made the indicted post or
something similar.
21
any such posting on Daily Stormer speaks for itself.
of conspiracy or the planning of unlawful acts in this paragraph.
of conspiracy or the planning of unlawful acts in this paragraph, and aver that
22
any such posting speaks for itself, but Vanguard admits planning for a
particular physical appearance of it’s members did occur.
any such posting speaks for itself, but Jason Kessler admits to posting the
referenced language or something similar.
of conspiracy or the planning of unlawful acts in this paragraph, and aver the
referenced poster speaks for itself.
124. Answering Defendants deny as factually inaccurate any allegations of
conspiracy or the planning of unlawful acts in this paragraph and aver that any
such internet posting speaks for itself.
23
the Daily Stormer speaks for itself.
any such posting or recorded communication speaks for itself.
any such posting or podcast speaks for itself.
of conspiracy or the planning, intending, or committing of unlawful acts in this
paragraph, and aver that any such posting speaks for itself, but Jason Kessler
24
admits he discussed a possible parking and shuttle plan with Tyrone but denies
that plan was actually used.
of conspiracy the planning, intending, or committing of unlawful acts in this
paragraph.
any such permits speak for themselves.
paragraph.
paragraph.
25
paragraph and aver that any such posting speaks for itself. Jason Kessler
specifically denies the allegations regarding his intent in this paragraph.
paragraph and aver that any such posting speaks for itself.
paragraph and aver that any such voice chat speaks for itself.
of conspiracy or the planning, intending, or committing of unlawful acts and
aver that the claim based on this paragraph has been dismissed.
26
of conspiracy or the planning, intending, or committing of unlawful acts and
aver that the claim based on this paragraph has been dismissed.
paragraph and aver that any such store signs speak for themselves.
paragraph and aver that any such posting or store signs speak for themselves.
paragraph and aver that any such letters speak for themselves.
paragraph, but Jason Kessler, Robert Ray, and Christopher Cantwell admit they
27
participated in planning and/or were aware of planning and did attend said
torchlight march.
paragraph but Jason Kessler admits the march was not publicized generally but
specifically denies proper government authority was not told about and fully
briefed on said march. It is further admitted Jason Kessler’s rally permit was
for August 12.
paragraph, but Jason Kessler admits there was lawful coordination on Discord
and avers the Discord speaks for itself.
paragraph and aver the Daily Stormer speaks for itself.
28
paragraph, aver that Discord call recordings speak for themselves, but Jason
Kessler admits he made the statements indicated or something similar.
paragraph, but Jason Kessler admits the instruction indicated is substantially
accurate.
paragraph, and aver that Discord postings speak for themselves.
paragraph, and aver that Discord or internet posts speak for themselves, but
Robert Ray admits he made the explanation attributed to him or something
similar.
29
paragraph and state the Vice documentary speaks for itself, but Christopher
Cantwell admits he does appear in the referenced video.
paragraph and aver the Discord posts speak for themselves.
paragraph.
30
paragraph, and Cantwell, Kessler, and Ray deny they issued any unlawful
orders to anybody on August 11 during the torchlight march but admit they
heard chanting and barking which was impressively noisy.
paragraph. Jason Kessler specifically denies they took a circuitous route to
annoy UVA students or for any other reason and Cantwell and Ray deny they
have any knowledge of why any route was taken.
paragraph. Cantwell, Kessler, and Ray further deny issuing any unlawful
31
instructions at any time that evening and further deny they carried radios, or
wore earpieces.
paragraph. Cantwell admits he walked generally on the outside of the column.
paragraph.
paragraph except that Kessler, Cantwell, and Ray admit they heard barking.
conspiracy or the planning, intending, or committing of unlawful acts in this
paragraph.
32
paragraph. Answering Defendants aver there is publicly available video of this
portion of the march and it speaks for itself.
portion of the march and it speaks for itself but admit that Richard Spencer
appears in said video.
portion of the march and it speaks for itself and that Discord posts speak for
themselves.
33
portion of the march and it speaks for itself. Robert Ray admits he made the
statement attributed to him or something similar.
portion of the march and it speaks for itself. Robert Ray admits he shouted at
counterprotestors and admits he made the statement attributed to him or
something similar.
34
paragraph. Answering Defendants aver there is publicly available video and
pictures of this portion of the march and they speak for themselves. Answering
defendants further aver that any violence was started by the alleged victims not
by the marchers and any Answering Defendant actions thereafter were lawful
except that Mr. Cantwell admits he has pled guilty to two misdemeanors in
connection with this portion of the march but Mr. Cantwell avers his actions
were otherwise lawful.
35
portion of the march and it speaks for itself but admit that Richard Spencer
appears in the video.
paragraph and aver that any such video speaks for itself.
36
paragraph.
paragraph.
paragraph.
37
paragraph, and aver that the internet post speaks for itself.
paragraph. Answering Defendants aver that internet posts speak for
themselves.
themselves.
themselves.
38
paragraph except that it is admitted Unite the Right occurred on August 12,
2017.
event and that it speaks for itself and that statements on the internet or video
speak for themselves. Jason Kessler admits he made the statement attributed to
him or something similar.
paragraph. Answering Defendants aver that internet or video posts speak for
themselves.
paragraph. Answering Defendants aver that Discord posts speak for
39
themselves. Jason Kessler specifically denies as factually inaccurate the
allegation in the last sentence of this paragraph.
paragraph. Answering Defendants aver that Discord chats speak for
themselves.
paragraph. Answering Defendants aver that Discord logs speak for themselves.
paragraph.
paragraph, and Jason Kessler denies there was any intentional failure to follow
a plan by the Charlottesville Police for safety of marchers.
40
paragraph. Answering Defendants aver there is video of this rally and said
video speaks for itself and said video fails to verify the alleged statements of
Mr. McAuliffe.
paragraph. Answering Defendants aver there is publicly available video of
NSM’s pre-set location and the video speaks for itself.
paragraph. Vanguard America admits some members marched as a group to
the park. Vanguard admits a non-member, James Fields, marched with them.
41
paragraph except that it is admitted that persons known to Answering
Defendants as league of the South members were present on August 12.
paragraph.
paragraph. TWP admits the description of it’s members and activities in this
paragraph is substantially accurate.
portion of the march that contains the quoted language but further aver that
none of them expressed said language and that context given in Plaintiffs
complaint is entirely inaccurate based on the video.
202. This paragraph was dismissed and does not require a response. Answering
Defendants are without knowledge or information sufficient to form a belief as
42
to the truth of the allegations in this paragraph, and on that basis, deny those
allegations, and deny as factually inaccurate any allegations of conspiracy or
the planning, intending, or committing of unlawful acts in this paragraph.
203. The plaintiffs allegation that each and every anonymous internet poster is
a conspirator was dismissed and does not require a response. Answering
Defendants are without knowledge or information sufficient to form a belief as
to the truth of the allegations in this paragraph, and on that basis, deny those
allegations, and deny as factually inaccurate any allegations of conspiracy or
the planning, intending, committing or ratifying of unlawful acts in this
paragraph.
206. Answering Defendants deny that they knowingly worked in concert with
persons carrying firearms but admit that such were present. Answering
Defendants admit Plaintiff Wispelwey was present and locking arms with his
cohorts. Other than as admitted in this paragraph Answering Defendants are
without knowledge or information sufficient to form a belief as to the truth of
the allegations in this paragraph, and on that basis, deny those allegations, and
43
deny as factually inaccurate any allegations of conspiracy or the planning,
intending, or committing of unlawful acts in this paragraph.
paragraph.
paragraph. Answering Defendants admit that Wispelwey and the others were
moved out of the way but aver that this occurred only after a Charlottesville
police officer told co-defendant Michael Hill that the police could not do
anything about Wispelwey and others blocking the road and so the marchers
would have to walk through them. Further, it is denied that any Answering
Defendant made the statement to Wispelwey or heard it made.
paragraph. Answering Defendants further aver that this allegation is not even
consistent with statements made by Wispelwey to media.
44
paragraph.
paragraph. Further, it is specifically denied that any Answering defendant spit
on or caused to be spit on Plaintiff Romero.
paragraph, except Matt Parrott admits he made the statements and published
the articles attributed to him.
paragraph.
45
paragraph except that Matt Parrott admits he made the statement attributed to
him or something similar.
paragraph.
paragraph.
paragraph except that Robert Ray admits the Daily Stormer published the
indicated statements or something similar but he denies the plaintiffs allegation
regarding deliberate incitement as factually inaccurate.
46
paragraph. Vanguard denies the statement indicated was anything but a joke or
that it had or could have had any effect at the park or was even noticed by any
Vanguard member at the park.
paragraph.
paragraph.
of conspiracy or the planning, intending, or committing of unlawful acts or of
“common tactics” in this paragraph.
paragraph.
47
223. Admitted.
basis, deny those allegations, except it is admitted that state of emergency was
announced by police officers around 11:28 a.m.
paragraph, except that Robert Ray admits the Daily Stormer published the
indicated comment or something similar.
paragraph except it is admitted Jason Kessler directed people to go to McIntire
Park, some persons loaded into vans, and that Cantwell and Ray were
interviewed. Ray’s video interview speaks for itself.
48
paragraph. Robert Ray admits Daily Stormer published the indicated text or
something similar but it is denied this was an incitement to violence.
paragraph and further deny the statements alleged are admissions of any
unlawful conduct except Mr. Parrott admits he did not leave the park
immediately upon being told to do so.
paragraph.
paragraph.
49
paragraph. Jeff Schoep admits his published statements on this event are
accurate.
paragraph.
paragraph.
paragraph.
paragraph.
50
paragraph.
paragraph. Jason Kessler admits the attached picture is accurate.
paragraph. Jason Kessler admits the attached picture is accurate.
paragraph.
51
paragraph.
paragraph. Jason Kessler admits the indicated post is accurate.
paragraph.
paragraph.
paragraph.
52
paragraph.
paragraph.
paragraph.
paragraph.
53
paragraph.
paragraph.
paragraph.
paragraph.
paragraph.
54
paragraph.
paragraph.
paragraph.
paragraph.
55
paragraph.
paragraph.
paragraph. Jason Kessler admits retweeting the Richard Spencer tweet.
paragraph. Robert Ray admits the daily Stormer published the indicated
language.
paragraph.
56
paragraph or it’s footnote.
of conspiracy or the planning, intending, committing or ratifying of unlawful
acts in this paragraph. Robert Ray admits the Daily Stormer published this
comment.
acts in this paragraph.
57
acts in this paragraph. Jason Kessler admits he made tweet in question and later
withdrew with the alleged explanation or one substantially similar. Robert Ray
admits the Daily Stormer published the hacking text alleged.
acts in this paragraph. Matt Heimbach admits making the comments alleged.
acts in this paragraph. Robert Ray admits the Daily Stormer published this
comment.
acts in this paragraph. Vanguard America admits their server contained such
comments and avers that Mr. Rousseau is no longer a member.
58
acts in this paragraph. Jeff Schoep admits he made the alleged comments.
acts in this paragraph. Christopher Cantwell admits he made the comments
attributed to him.
59
acts in this paragraph. It is admitted that Heather Heyer, Lt. H. Jay Cullen, and
Trooper Pilot Berke M.M. Yates died on August 12.
60
61
62
63
acts in this paragraph. Jason Kessler admits he has applied for a permit for
August 2018.
64
65
acts in this paragraph. Jason Kessler admits making the indicated comment.
acts in this paragraph. Christopher Cantwell admits he appeared in the Vice
video which is the source of the comments attributed to him.
acts in this paragraph. Christopher Cantwell admits he granted an interview to
Vice which is the source of the comment attributed to him.
66
acts in this paragraph. Jason Kessler admits he applied for the alleged permit
but denies anything like the first Unite the Right will occur with or without a
permit.
acts in this paragraph. Mr. Cantwell admits the funding pages that are alleged
were active at one time.
67
acts in this paragraph. Mr. Cantwell admits running his show from Albemarle
County Jail.
acts in this paragraph. Mr. Damigo admits raising funds as alleged at one time.
acts in this paragraph. It is admitted the City of Charlottesville’s proposed
actions regarding the Robert E. Lee statue were relevant to the decision to rally
in Charlottesville.
conspiracy or the planning, intending, committing or ratifying of unlawful acts
in this paragraph.
68
conspiracy or the planning, intending, committing or ratifying of unlawful acts
in this paragraph.
acts in this paragraph. Identity Evropa admits McLaren met with Spencer.
69
acts in this paragraph. Jason Kessler avers that while Tyrone offered to help
and submitted suggestions neither his assistance nor his plan were ultimately
used.
acts in this paragraph. Jason Kessler admits moderating and organizing lawful
activity. He denies the Discord was used to plot or incite illegality.
70
acts in this paragraph. Mr. Cantwell and Mr. ray admit only that the lawful
possession and use of weapons was discussed.
acts in this paragraph. Cantwell, Kessler, and Ray admit that some fundraising
and other help, all lawful, for rallygoers was attempted.
327. Admitted.
71
acts in this paragraph. Cantwell, Kessler, and Ray specifically deny this
allegation in each particular except they admit to being at the torch light rally.
acts in this paragraph. Cantwell denies assaulting any peaceful person but
admits he pled guilty to two misdemeanors arising from the march.
72
acts in this paragraph. Vanguard admits Fields so attended but denies he is or
ever was a member.
336. Answering Defendants incorporate herein all previous admissions and
denials.
73
74
denials.
75
denials.
76
acts in this paragraph and all it’s subparts.
denials.
77
78
denials.
79
denials.
denials.
AFFIRMATIVE DEFENSES
371. Assumption of the Risk: in that Plaintiffs assumed and unreasonably
disregarded the risk their actions would result in their own personal injury;
80
372. Contributory Negligence: in that Plaintiffs actions were partly or wholly
the cause of their claimed injuries;
373. Duress: In that Defendants claimed actions were taken in self defense
while defendants were being unlawfully assaulted or otherwise mistreated.
374. Illegality: In that Plaintiffs actions were unlawful and Plaintiffs
misconduct is itself the proximate cause of their injuries;
375. Anything not specifically and explicitly admitted as true in this answer is
denied.
WHEREFORE, having fully answered the Plaintiffs Amended Complaint, Answering
Defendants request the Court dismiss this action with prejudice.
Respectfully Submitted,
s/ Elmer Woodard __________

ELMER WOODARD (VSB 27734)
5661 US Hwy 29
Blairs, Va. 24527
(434) 878-3422
[email protected]
Trial Attorney for Defendants
S/ James E. Kolenich (PHV)

KOLENICH LAW OFFICE
9435 Waterstone Blvd. #140
Cincinnati OH 45249
Phone: 513.444.2150
Fax: 513.297.6065
e-mail: [email protected]
Trial Attorney for Defendants
81
CERTIFICATE OF SERVICE
I hereby certify the above was served via the Court’s ECF system on July 23, 2018
upon:
All parties of record. No party is entitled to or has requested service by other means.
s/ Elmer Woodard
___________________
E. Woodard (VSB 27734)
82

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Defendant's Answer To 1st Amended Complaint - ECF 343

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IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF VIRGINIA

ELIZABETH SINES ET AL. : Case No. 3:17-CV-72

Plaintiff : Judge MOON

JASON KESSLER ET AL. :

ANSWER TO PLAINTIFFS FIRST AMENDED COMPLAINT

Defendants Jason Kessler, Christopher Cantwell, Robert Ray, Nathan Damigo,

Traditionalist Worker Party, National Socialist Movement, and Nationalist Front

(“Answering Defendants”) state their Answer to Plaintiff’s First Amended Complaint as

basis, deny those allegations.

3. Answering Defendants deny the allegations in the first sentence of this

paragraph; are without knowledge or information sufficient to form a belief as

Defendant is a “Klansmen”; are without knowledge or information sufficient

or information sufficient to form a belief as to the truth of the allegations in the

allegations in this paragraph.

4. Answering Defendants admit the allegations in the first sentence of this

10. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

11. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

12. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

13. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

14. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

basis, deny those allegations.

16. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

17. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

18. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

19. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations.

20. Answering Defendants are without knowledge or information sufficient to

on a promotional poster, got in a fight with a man in January 2017 and

subsequently pled guilty to a misdemeanor charge resulting therefrom, and was

charged with perjury, and has collected petition signatures as alleged.

basis, deny those allegations.

22. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations except Christopher Cantwell admits he resides in

as alleged or something similar.

23. Answering Defendants are without knowledge or information sufficient to

24. Answering Defendants are without knowledge or information sufficient to

description given of it in this paragraph is passably accurate, denies that James

uniform and carried a Vanguard shield on August 12.

25. Answering Defendants are without knowledge or information sufficient to

26. Answering Defendants are without knowledge or information sufficient to

something similar was posted.

27. Answering Defendants are without knowledge or information sufficient to

basis, deny those allegations except Robert Ray admits he is a resident of

Texas, occasionally writes for Daily Stormer, has occasionally represented

11 and 12, denies as factually inaccurate allegations of extremism or wrongful

conduct plans to do same.

28. Answering Defendants are without knowledge or information sufficient to

California, was a member of Identity Evropa, punched the woman called

“Moldylocks” in April 2017 in Berkeley and made the statement attributed to