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Brown university suit ALREADY IN DISCOVERY; many similarities to Duke suits
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Topic Started: Nov 3 2010, 09:43 AM (638 Views)
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Quasimodo
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Nov 3 2010, 09:43 AM
Post #1
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http://www.nytimes.com/2010/04/15/us/15student.html
Ex-Student Sues Brown Over Rape Accusation By KATIE THOMAS Published: April 14, 2010
A former student has sued Brown University in federal court, saying university officials interfered with his efforts to clear his name after another student, the daughter of a prominent Brown alumnus and donor, accused him of rape.
In documents unsealed Monday, the former student, William McCormick III, said the university had failed to follow its own disciplinary policies and sent him home to Wisconsin after the woman’s father made calls to top university officials. The rape accusation was never reported to the police by Brown or the woman, according to the lawsuit. Within a month, Mr. McCormick had agreed to a private settlement with the woman’s lawyer: if he withdrew from Brown, she would not file criminal charges.
(snip)
At a hearing on Monday, Judge William E. Smith of Federal District Court in Providence, R.I., questioned why Brown never reported the alleged attack to the police. “The thought that with all the people involved in this matter at different levels, a determination is made to not tell law enforcement, even the Brown Police Department — I’m having trouble getting that,” Judge Smith said, according to The Associated Press. He also characterized the lawsuit as “a mess” and told Mr. McCormick’s lawyer, J. Scott Kilpatrick, that some of the assertions appeared to be unsubstantiated.
(snip)
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Quasimodo
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Nov 3 2010, 09:53 AM
Post #2
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http://www.rid.uscourts.gov/menu/judges/opinions/smith/04282010_1-09CV0474S_MCCORMICK_V_BROWN_UNIVERSITY_U.pdf
- Quote:
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND
WILLIAM R. MCCORMICK, III, ) CAROL A. MCCORMICK, and ) WILLIAM R. MCCORMICK, II, )
Plaintiffs, )
v. ) CA. No. 09-474 S
MARCELLA E. DRESDALE, RICHARD )
C. DRESDALE, and BROWN ) UNIVERSITY et al., )
Defendants. ) ______________________________)
ORDER
WILLIAM E. SMITH, United States District Judge.
(snip) Now before the Court are the motions of Brown University (“Brown”), Ruth Simmons, David Kertzer, Russell Carey, Margaret Klawunn, Carla Hanson, Terry H. Addison, Robert Samuels, Jonah (Alan) Ward, Richard Bova, Rosario Navarro, Michelle Nuey, Col. Mark Porter, Yolanda Castillo-Appollonio, Chung Nguyen, and Shane Reil, all named individually and as agents for Brown University ( “the individual Brown Defendants”) and Marcella and Richard Dresdale ( “the Dresdales”) to dismiss all claims in the First Amended Complaint.
At the hearing, Plaintiffs’ counsel conceded that many of the claims brought in the First Amended Complaint (in particular, those against the individual Brown Defendants) were premature. Only after discovery would the basis for the claims, if any existed, be revealed.
(snip)
Plaintiffs’ counsel has raised a concern that many fact witnesses from Brown soon will be graduating and presumably leaving Rhode Island. Given the existence of pressing time concerns and the likely need for expedited discovery in this regard, the Court has concluded that it is in the interest of all parties that the Court (to the extent possible) should convey its rulings in expedited fashion. To the extent further explanatory detail may be necessary to explain the holdings below the Court will address those issues at a future time.
After careful consideration of the parties’ briefs and after oral arguments, it is ordered as follows:
(1) Taking all the allegations set forth in the First Amended Complaint as true, as is required by Rule 12(b)(6), the Court is satisfied that William has alleged a pattern of wrongful conduct based on the collective actions of the agents of Brown University that, if proven, could be considered outrageous, atrocious or utterly intolerable conduct on the part of Brown. See Hoffman v. Davenport-Metcalf, 851 A.2d 1083, 1089 (R.I. 2004). Therefore, the Court DENIES Brown’s motion to dismiss William’s Intentional Infliction of Emotional Distress claim;
(2) The Court agrees that “the particular fact and circumstances [here] including [1] the relationship between the parties, [2] the scope and burden of the obligation to be imposed upon the defendant, [3] public policy considerations, and [4] the foreseeability of harm to the plaintiff” weigh in favor of imposing a duty on Brown University to conduct a reasonable investigation, and may include contacting the proper authorities, when confronted with alleged criminal activities by its students. Santana v. Rainbow Cleaners, Inc., 969 A.2d 653, 658 (R.I. 2009) (internal quotation marks, citations and alterations omitted). Therefore, the Court DENIES Brown’s motion to dismiss William’s negligence claim;
(3) The Court GRANTS the individual Brown Defendants’ motion to dismiss William’s Intentional Infliction of Emotional Distress and Negligence claims, but does so WITHOUT PREJUDICE;
[presumably this can be refiled AFTER DISCOVERY turns up adequate evidence]
(snip)
(5) The Court GRANTS Brown and the individual Brown Defendants’ motions to dismiss the Libel claims WITHOUT PREJUDICE;
[presumably again this can be refiled AFTER DISCOVERY]
(snip)
IT IS SO ORDERED:
/s/ William E. Smith
William E. Smith United States District JudgeDate: April 28, 2010
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Quasimodo
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Nov 3 2010, 09:58 AM
Post #3
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http://www.leadertelegram.com/news/daily_updates/article_e60eaa06-c685-11df-8772-001cc4c03286.html
Ex-Brown student in rape lawsuit seeks documents
Wednesday, September 22, 2010
PROVIDENCE, R.I. (AP) - A lawyer for a former Brown University student who says he was falsely accused of rape by the daughter of a major donor to the Ivy League school argued for the release Wednesday of a trove of documents, including academic and medical records and any materials that could support or contradict the woman's accusations.
(snip)
U.S. Magistrate David Martin on Wednesday directed Brown and the accuser to start turning over certain documents that McCormick and his lawyer, J. Scott Kilpatrick, have requested as part of the pre-trial information sharing process known as discovery.
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Quasimodo
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Nov 3 2010, 10:01 AM
Post #4
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The Judge ruled in TWO WEEKS on the dismissal motions, and PERMITTED DISCOVERY to proceed so that plaintiffs could find if there was ample evidence to support more of their claims;
and DISCOVERY is proceeding within 6 months after the case was filed.
This is a case against a university and many of its officers for their actions against a student accused of rape.
Now why is this any different or so much more involved than the cases against Duke,
that it has been THREE YEARS and the JUDGE CANNOT EVEN DECIDE ON WHETHER OR NOT TO DISMISS;
AND HE HAS NOT PERMITTED DISCOVERY TO PROCEED TO DETERMINE IF PLAINTIFFS CAN FIND AMPLE EVIDENCE TO SUPPORT THEIR CLAIMS?
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Quasimodo
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Nov 3 2010, 03:18 PM
Post #5
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And Judge Beaty was willing to let Nifong stall the process on a claim of $180 million in liability?
Does anyone think that figure is anything other than preposterous? (Anyone other than Judge Beaty?) Does anyone really think Nifong would have been held liable for $180 million, even if found liable on all charges?
And all the while Nifong was at the same time asserting his innocence before the court, or at least his immunity from judgment?
Was Nifong doing anything other than moon the justice system?
And Judge Beaty permitted it?
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Quasimodo
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Nov 3 2010, 10:38 PM
Post #6
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http://www.browndailyherald.com/mccormick-claims-witness-intimidation-in-case-1.2373460
McCormick claims witness intimidation in case
Tuesday, October 19, 2010
William McCormick III's lawyer filed papers in court Monday claiming witness intimidation in his lawsuit against the University, a female member of the class of 2010 and her father.
McCormick's attorney also filed a motion to default against the University for failure to produce documents "promptly" in accord with a Sept. 24 court order compelling it to do so.
The motion against the female alum and her father alleges a similar failure to comply with the court order, in addition to the allegation of witness intimidation. If the motions carry, McCormick will automatically be awarded judgment in the case.
The motion alleges that the female alum's father instructed Brosnan Risk Consultants, a private security firm, to harass former assistant wrestling coach Michael Burch — a witness in the case and advisor to McCormick in the University disciplinary process — and send him the message that he is being followed.
(snip)
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Quasimodo
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Nov 3 2010, 10:48 PM
Post #7
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http://wrnieducationblog.wordpress.com/
Witness intimidation alleged in Brown rape case OCTOBER 20, 2010
Attorneys for William McCormick, a former Brown student, claim one of their primary witnesses has been harassed by a private investigator.
(snip)
The court filings also accuse defendants of failing to provide documents related to the case. Brown officials say they have already produced hundreds of documents.
“In early June brown produced approximately 400 pages of documents to the plaintiffs,” says Brown’s attorney in the case, Steven Richard. “Currently Brown is working on a supplemental document production.”
McCormick has accused Brown officials of failing to adequately investigate the rape charge against him, and his attorneys have subpoenaed 18 current and former Brown students as witnesses.
(snip)
The case was filed in APRIL and the defendants had produced 400 pages of documents in Discovery by JUNE.
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Quasimodo
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Nov 4 2010, 08:26 AM
Post #8
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Who's been wasting the court's time, and likewise the time of the parties to the suits, and caused the parties considerable expense as well, in the lax cases?
Has Judge Beaty's delay of discovery in the name of 'judicial economy' done anything to save time and money, or to advance the pursuit of justice?
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Quasimodo
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Nov 4 2010, 10:21 AM
Post #9
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Plaintiffs’ counsel has raised a concern that many fact witnesses from Brown soon will be graduating and presumably leaving Rhode Island. Given the existence of pressing time concerns and the likely need for expedited discovery in this regard...
How about a "likely need for discovery" before witnesses die?
If students moving away from the area creates a "concern", what does the passing of several years create for the parties and the court?
This case has lost two witnesses in the last three years; if this case is permitted to drag on for another three years, how many more might no longer be available?
Doesn't the court have a duty to show its concern for justice?
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