IN THE UNITED STATES DISTRICT COURT FOR THE
       WESTERN DISTRICT OF MISSOURI
       SOUTHERN DIVISION

TRACIE PARK,
     Plaintiff, )

VS.                         No. 96-3288-CV-S-3

THE FOREST SERVICE OF
THE UNITED STATES OF
AMERICA, et al.,
Defendants.

ANSWER OF DEFENDANT" FOREST SERVICE Defendant, the Forest Service of the United States Department of Agriculture ("the Forest Service") submits the following as its answer to the Complaint.

1. -Defendant denies each and every material allegation contained in the Complaint, except as hereinafter may be expressly and specifically admitted.

2. With respect to various numbered allegations contained in the Complaint, Defendant Forest Service answers as follows:

a. Paragraph 1. The Forest Service admits that, from time to time, temporary motor vehicle checkpoints ("road blocks") have been set up in or near portions of the Mark Twain National Forest. The remainder is denied, except for the last sentence. With respect to that sentence, the Forest Service admits that Plaintiff ("Park") has been an occupant of vehicles stopped in such road blocks, but the Forest Services denies the statement that she will "likely face them in the future," for lack of information sufficient to admit or deny it.

b. paragraphs 2-4. These are issues of jurisdiction and venue to which no answer is required, except to admit that the referenced gathering and a number of law enforcement activities relevant to the subject matter of the Complaint did take place within the Western District of Missouri.

c. Paragraph 5. The Forest Service admits that Park was a licensed driver who attended the referenced gathering in the Mark Twain National Forest ("MTNF") . Defendant lacks sufficient information to admit or deny that Park was "repeatedly" subjected to searches and seizures along the MTNF access road or was subjected to searches and seizures at other gatherings. The remainder is denied for lack of information sufficient to admit or deny it.

d. Paragraph 6. The Forest Service admits that it is an executive branch agency within the meaning of the Administrative Procedures Act and as referenced in 16 U.S.C. Sec. 551. The remainder is Plaintiff's interpretation of laws and regulations and requires no answer.

e. Paragraphs 7, 8. No answer is required from the Forest Service to Plaintiff's assertion as to the legal capacity and standing of other named defendants.

f. Paragraph 9, The first sentence is admitted. The Forest Service also admits that Park and many others entered, left, and reentered the MTNF at various times. The remainder is denied for lack of information sufficient to admit or deny, and as too vague and overbroad for an adequate response.

g. Paragraph 10. The first sentence is denied. A road block was established intermittently, but was not continuously maintained. No permanent police road blocks have been established or maintained on Forest Service Road 3173 within MTNF. The second sentence is denied. A road block was intermittently established one and one-half miles from the primary entry point of the annual gathering. The third sentence is admitted. The fourth sentence is denied, for lack of information sufficient to admit or deny it.

The fifth sentence is denied. The road block did not target only those who attended the gathering. A number of local residents and business travelers were checked.

h. Paragraph 11. Denied for lack of information sufficient to admit or deny.

i. Paragraph 12. The first sentence is denied for lack of information sufficient to admit or deny it. Sentences three, four, and five are admitted. The sixth sentence is denied for lack of information sufficient to admit or deny it. The seventh sentence is admitted, with limitations. A law enforcement vehicle did proceed behind the vehicle occupied by Park, but without intent to follow that vehicle. The law enforcement vehicle is believed to have been proceeding to the law enforcement staging area or was on routine patrol.

j. Paragraph 13. The first sentence is admitted. The second sentence is denied. Maldonado expressed no intention of arresting Park. The third sentence is denied. Maldonado made no comment regarding the arrest of Park or any desire to intimidate her. The fourth sentence is denied for lack of information sufficient to admit or deny it.

k. Paragraph 14. The first sentence is denied for lack of information sufficient to admit or deny it. The second sentence is admitted. The third sentence is denied for lack of information sufficient to admit or deny it. The fourth sentence is admitted. The fifth sentence is denied. There was no Missouri State Patrol canine unit present, to the knowledge of the Forest Service. The sixth sentence is admitted. The seventh sentence is denied for lack of information sufficient to admit or deny it. The eighth sentence is admitted. The ninth sentence is denied. The cooperative agreement between the Forest Service and the Oregon County Sheriff's Department only addresses radio communications and ATV patrols.

1. Paragraph 15. Denied for lack of information sufficient to admit or deny.

m. Paragraph 16. The first sentence is denied for lack of information sufficient to admit or deny it. The second sentence is denied. The referenced quotation is only identified in the preamble of the Federal Register Notice. Searches were conducted within the requirements of the Fourth Amendment and all other applicable legal requirements. The third sentence is denied. All vehicles stopped at the road block were not searched. The fourth sentence is denied. The majority of the vehicles stopped were never searched, including the vehicle occupied by Park. A number of arrests were effected, citations issued, and searched conducted pursuant to sufficient probable cause and in accordance with the Fourth Amendment and other applicable legal requirements. The fifth sentence is denied. The sixth sentence is denied. In excess of 500 arrests or citations were issued with probable cause.

n. Paragraphs 17-18 (Counts I and II). Denied, to the extent any answer is required.

ADDITIONAL DEFENSES

3. This Court lacks jurisdiction over the subject matter of the Complaint, with respect to the Forest Service as a defendant.

4. The Complaint fails to state a claim upon which relief can be granted against the Forest Service under any legal theory.

5. The Forest Service acted with probable cause, in accordance with applicable law, and in good faith. The decisions and actions of Forest Service officials were not arbitrary, capricious, or an abuse of discretion and were within the confines of accepted law enforcement practice and applicable regulations, procedures and policies.

6. Park is not entitled to the relief sought or to any other relief in this action.

7. Park has no standing to seek relief on behalf of any group of people or any person, other than herself.

WHEREFORE, the Forest Service Prays that the Court dismiss the Complaint and deny all relief to Plaintiff, grant the Forest Service its costs of this action, and grant any other appropriate relief in favor of Defendants.

Respectfully submitted,
Stephen L. Hill, Jr.
United States Attorney

Alleen S. VanBebber Mo. Bar No, 41460 Deputy United States Attorney 1201 Walnut Street, Suite 2300 Kansas City, Missouri 64106 (816) 426-3130

Attorneys for Defendant Forest Sunrise

CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Answer was served, via first class mail, on this 23d day of September, 1996, addressed to: Fred L, Slough
Slough, Connealy,
4051 Broadway, Suite
Kansas City, Missouri

Attorney for Plaintiff Irwin & Madden

and to:
David J. Hansen

Geoffrey W. Precjcshot
Assistant Attorneys General
State of Missouri
P.O. Box 899
Jefferson City, Missouri 65102

Attorneys for Defendant Mills
Alleen S, VanBebber
Deputy United States Attorney

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