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Case 9:09-cv-80469-KAM Document 61 Entered on FLSD Docket 10/16/2009 Page 1 of 9
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 09-CIV- 80469 - MARRA/JOHNSON
JANE DOE II,
Plaintiff,
V.
JEFFREY EPSTEIN,
Defendant.
--------------''
DEFENDANT EPSTEIN'S ANSWER & AFFIRMATIVE DEFENSES
TO PLAINTIFF'S FIRST AMENDED COMPLAINT [DE 60)
Defendant, JEFFREY EPSTEIN, (hereinafter "EPSTEIN"), by and through his
undersigned attorneys, files his Answer & Affirmative Defenses to Plaintiff JANE DOE
ll's First Amended Complaint:
1. Defendant admits that Plaintiff has sued Defendant in this action. Defendant
denies the remainder of the allegations.
2. Deny.
3. As to the allegations in paragraph 3, 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 privilege based on the same feared
prosecution, depending on whether the claim was asserted in state or federal court."); 5
Case 9:09-cv-80469-KAM Document 61 Entered on FLSD Docket 10/16/2009 Page 2 of 9
Jane Doe II v. Epstein, et al.
Page 2
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. -
"... a civil defendant who raises an affirmative defense is not precluded from asserting
the privileg
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