| Viewing Single Post From: KC responds on Iqbal | |
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| Quasimodo | Jun 29 2009, 07:34 AM |
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3.) Extraordinary Assertions The Kerner brief contains two items so outrageous that they stand out even in the pantheon of bizarre assertions by Durham authorities throughout the case. Kerner concedes that one week before the captains’ party, Sgt. Mark Gottlieb was transferred away from a position in which he would have regular contact with Duke students. And she doesn’t deny that the transfer was related to Gottlieb’s troubling record regarding Duke students. Yet, she adds, this undenied fact of the transfer “has no plausible relation to Plaintiffs’ claims.” Why not? Kerner never says. Of course. Similarly, Kerner contends that Addison’s false and inflammatory statements didn’t cause any harm to the lacrosse players. Why not? “Although Plaintiffs have no doubt catalogued every article, blog, photograph, or comment about the investigation, they do not allege that they were ever individually mentioned at any time by Addison.” So: Addison should be shielded from the legal effects of his misconduct because he referred to the group as a group, never mentioning that perhaps his comments didn’t apply to all of the group? |
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| KC responds on Iqbal · DUKE LACROSSE - Liestoppers | |
10:56 AM Nov 29
