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Case 9:09-cv-80802-KAM Document 25 Entered on FLSD Docket 12/17/2009 Page 1 of 11
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 09-CV-80802-MARRA-JOHNSON
JANE DOE NO. 8
Plaintiff,
V.
JEFFREY EPSTEIN,
Defendant.
----------------'/
DEFENDANT JEFFREY EPSTEIN'S ANSWER AND AFFIRMATIVE
DEFENSES TO PLAINTIFF'S AMENDED COMPLAINT [DE 24, 121141091
Defendant JEFFREY EPSTEIN, (EPSTEIN), by and through his attorneys, files
his answer and affirmative defenses to Plaintiff JANE DOE No. S's Amended Complaint,
dated December 12, 2009 [DE 24], and states:
1. Without knowledge and deny.
2. As to the allegations in paragraphs 2, Defendant asserts his Fifth Amendment
privilege against self-incrimination. See Delisi v. Bankers Ins. Company, 436 So.2d
1099 (Fla. 4th DCA 1983); Malloy v. Hogan, 84 S.Ct. 1489, 1495 (1964)(the Fifth
Amendment's Self-Incrimination Clause applies to the states through the Due Process
Clause of the Fourteenth Amendment - "[i]t would be incongruous to have different
standards determine the validity of a claim of priyilege based on the same feared
prosecution, depending on whether the claim was asserted in state or federal court."); 5
Fed.Prac. & Proc. Civ. 3d §1280 Effect of Failure to Deny - Privilege Against Self-
Incrimination (" ... court must treat the defendant's claim of privilege as equivalent to a
specific denial."). See also 24 Fla.Jur.2d Evidence §592. Defendants in civil actions. -
Case 9:09-cv-80802-KAM Document 25 Entered on FLSD Docket 12/17/2009 Page 2 of 11
Jane Doe No. 8 v. Epstein
Page 2
" ... a civil defendant who raises an affirmative defense is not precluded from asserting
the privilege [against self-incrimination], because affirmative d
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