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Duke Files New 732 Page Answer in Civil Suits; Duke Denies Fraud; Text of McFadyen Answer
Topic Started: Apr 15 2011, 01:22 AM (2,909 Views)
Payback
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Walt-in-Durham is a treasure for LieStoppers--worth every penny we would pay him if we could.
Thank you, Walt.
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Quasimodo

Quote:
 
They admitted that Wasiolek eventually had offered up the name of a local lawyer, the since-deceased Wes Covington, as someone the players might work with.

But they denied allegations that Covington was working for Duke as a behind-the-scenes fixer for athletes and other students who faced legal troubles.

Quote:
 

On Friday, March 17, following their interrogation by the Durham police, the
three Duke lacrosse players, Zash, Evans, and Plaintiff Flannery met with Coach Pressler
and Duke Associate Athletic Director Chris Kennedy. Kennedy recommended that the
three players see attorney Wes Covington, Dean Wasiolek having advised or instructed
Kennedy to so recommend Covington.


On Saturday, March 18, Evans, Zash, and Plaintiff Flannery met with Wes
Covington “to seek his advice and counsel.” The players “told Covington their account of
[the] events” (which would have included their assertion that no rape had occurred), and
they told him about the interrogation by the Durham police on March 16-17. . .

Wes Covington “was careful never to enter into a formal attorney-client
relationship with most or all of the players or their parents, while repeatedly advising
them and urging them to allow him to work on their behalf, and not to retain other
counsel.
” Covington “held himself out as an advisor to the players, dissuading them from
retaining other counsel, while secretly acting on behalf of Duke and its administrators.”


On Monday, March 20, Wes Covington told Plaintiff Brett Thompson’s father that
his son “should not hire a lawyer. When Thompson pressed him on the question of whom
he represented – Duke or the lacrosse players – he [Covington] responded that he was not
representing anyone officially, but that he was acting as ‘the unofficial adviser to
everyone.’”

Also on March 20, Defendant Gottlieb began attempting to arrange for
uncounseled interrogations of all lacrosse players and to obtain their DNA samples.
Wes Covington “took the lead in encouraging the players and their parents to
participate in these uncounseled interrogations,”
and “as early as . . . March 20, he was
engaged in covert discussions both with Duke officials and with [Defendants] Gottlieb,
Himan, and/or other Durham officials to arrange for Durham police to interrogate the
lacrosse players en masse without the benefit of counsel.”


On March 20,
Defendant Himan called Coach Pressler to set up an appointment for the interrogations of
all players who attended the March 13-14 party, with such interrogations to take place on
Wednesday, March 22. “Covington advised Coach Pressler that this was a good plan and
that the players should accede to it.”



On Tuesday, March 21, Wes Covington met with several lacrosse players’ parents
(not named in the Complaint), and he “suggested that ‘a few key players’ give interviews
to Durham police in the absence of counsel.
No lawyers would be necessary, Covington
stated, because he himself would attend.”
Covington “had scheduled the entire
lacrosse team for police interrogations, including providing DNA samples, for . . . March
22.”


On Wednesday morning, March
22, Plaintiff Peter Lamade’s father and other parents, “acting on the advice of Ekstrand,
advised Coach Pressler that the scheduled interrogations would have to be delayed so that
the players could consult their parents and lawyers first.” Mr. Lamade, himself a
lawyer, met with Wes Covington later on Wednesday and asked him “‘Whom do you
represent?’” and “Covington replied: ‘I’m not really representing anyone. I’m here to
kind of fix this. And I’m advising Duke.’”


“Overruling Covington’s protests,
Lamade insisted that the police interrogations scheduled for that day be postponed,” and
Covington’s office advised Defendant Gottlieb “that the lacrosse players would not be
available for interviews that day” and the interviews were rescheduled for March 29.

Later in the afternoon of March 22, Wes Covington met again with Mr. Lamade
and also Plaintiff Tricia Dowd (Plaintiff Kyle Dowd’s mother) and he “urged that some
or all of the players submit to uncounseled interviews with Gottlieb.
” Unknown to
the players, Defendants Gottlieb and Himan had planned to obtain DNA samples from
the players who were interrogated. When the planned interrogations were postponed,
Himan began to prepare an application for a non-testimonial order to compel the lacrosse
payers to produce DNA samples. On Thursday, March 23, Judge Stephens signed
a non-testimonial order, which ordered all 46 white members of the Duke lacrosse team
to provide DNA samples to the Durham police and to be photographed that day, and
those team members fully and immediately complied with the order.
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Acc Esq

Walt-in-Durham
Apr 15 2011, 07:27 AM
sceptical
Apr 15 2011, 01:22 AM
The brief, according to the story by Ray Gronberg, answers the facts of the allegations against Duke remaining after Judge Beaty's ruling.

I believe that filing was Duke's Answer to the Complaint's, not a brief. By denying most of the allegations, Duke is admitting the Judge was right in his rulings, the Plaintiffs' Complaints do state causes of action upon which relief can be granted.

A lawsuit is started by the filing of a Complaint. Once the Complaint is filed, the defendants have to file an Answer. In this case the defendants chose to file 12(b)(6) motions to dismiss. Now that those motions have been dispensed, Answers are due. Duke's Answer is puts almost everything in play. That is the normal state of affairs in a lawsuit. However, good lawyers tell their clients that sometimes it is best to admit some facts when they are not in controversy. So far no one has accused Duke of taking good legal advice.

Walt-in-Durham
Let me add one point to Walt's superb summary. A denial in an answer to a complaint is a legal word of art. It does not mean that a defendant is denying that the allegation is true. Rather, a denial only puts the burden of proof on the plaintiff to establish the facts set forth in the allegation.
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Quasimodo

Quote:
 
They admitted that Wasiolek eventually had offered up the name of a local lawyer, the since-deceased Wes Covington, as someone the players might work with.


So what was said between Wasiolek/Covington to get Covington to arrive and work neither for Duke nor for the
team?

And how did he expect to get paid? And by whom?


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Quasimodo

Quote:
 
It does not mean that a defendant is denying that the allegation is true.


Can they be sanctioned by the judge for wasting the court's time in denying allegations which are
so easy to prove?

( "We deny Levicy altered the records. And besides that, we deny the earth is round.") There must be some limits.... (?)

After all, they have submitted 732 pages; and we know the judge doesn't like long motions...

Or do they expect never to have to defend their denials (because there will be settlements)?

(pure speculation alert!)
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Quasimodo

Quote:
 
They admitted that Wasiolek eventually had offered up the name of a local lawyer, the since-deceased Wes Covington, as someone the players might work with.


Specific question for Dean Sue: did she advise them to hire Covington as their counsel?

If not, exactly what did she expect them to get from Covington (and how could he possibly
help them if not by giving legal advice)?

And doesn't his doing so commence an attorney/client relationship?

Edited by Quasimodo, Apr 15 2011, 10:29 AM.
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Bill Anderson
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Quote:
 
The suit admits that Duke Police gave the keycard data to Durham police, but claims there was no conspiracy with DA Nifong to hide that.
Duke also denies that Tara Levicy misrepresented the SANE findings to Durham police or to Nifong and that she did not change her account to bolster the prosecution.

:roflmao: :roflmao: :roflmao: :roflmao: :roflmao: :roflmao: :roflmao:

:bill:
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Quasimodo

Quote:
 
They admitted that Wasiolek eventually had offered up the name of a local lawyer, the since-deceased Wes Covington, as someone the players might work with.


POSTER COMMENT from 2008:

Quote:
 

I think your being far too kind to Dean Sue - it was hardly just advice. If she, or Brodhead, had told a fraternity of 50 boys to not tell their parents, someone would have been calling his parents within 5 minutes. You couldn't find a group 50 students at Duke who would have taken her advice. The administration passed the message to the players through Coach Pressler, because he is the one person on campus who could force all of them to do something so clearly against their best interests. The administration knew this would be the case. And there's only one reason why the administration wouldn't want a player to tell his parents - because the parents would insist on getting an attorney immediately. And there's only one reason why the administration wouldn't want a student in trouble to have an attorney - because the administration wanted the players to be at a disadvantage in discussions with police.


Which means that Pressler is also a witness.

Why deny something which has so many witnesses who can confirm it?

(Isn't that waisting the court's time and resources? Isn't filing a 732 page motion filled with such
things also waisting the court's time and resources?)
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Quasimodo

Plaintiffs' response to motion to dismiss:

Quote:
 

The Complaint alleges that
Covington was closely associated with, and working for, Duke. . .

At the same time, the Complaint alleges that Covington was “engaged in covert
discussions both with Duke officials and with Gottlieb [and] Himan” and worked to
implement the strategy, that he had formulated with Duke and the Durham police, to have
the entire lacrosse team surrender DNA samples and be interrogated (without counsel) by
the police.

Thus, just “(a)s Dean Wasiolek had done, Covington held
himself out as an advisor to the players, dissuading them from retaining other counsel,
while secretly acting on behalf of Duke and its administrators.”

¶ 170. Covington is, of course, free to contest this and all other allegations at trial, but
these are jury questions that cannot be resolved on a motion to dismiss
.
Edited by Quasimodo, Apr 15 2011, 10:42 AM.
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Quasimodo

from Plaintiffs' response to motion to dismiss:

Quote:
 
When one lacrosse player
confronted Covington and asked him “directly, ‘Are you my lawyer?’ Covington refused
to answer directly.” Under North Carolina law, this is a basis for a claim of
constructive fraud.
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jmoo

Abb - check your email.

Just noticed Abb isn't online. I have the Answers (Carrington & McFadyen) can anyone else load & link to them? If so, send me your email via PM
Edited by jmoo, Apr 15 2011, 11:03 AM.
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Baldo
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Payback
Apr 15 2011, 09:31 AM
Walt-in-Durham is a treasure for LieStoppers--worth every penny we would pay him if we could.
Thank you, Walt.
Put it on our tab! :toast:

What price can there be for honest & truthful evaluation by knowledgeable members? We may not always be right, but we try to stand up to our official name & what Cathy Davidson complained about.

Lie Stoppers & Blog Hooligans

Nobody owns the truth. It is what it is.
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sceptical

Thanks to jmoo for the text. I am posting as is and haven't had time to better format it yet. It will be in segments because of the length. )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NUMBER 1:07-CV-00953
RYAN McFADYEN, et al.,
Plaintiffs,
v.
DUKE UNIVERSITY, et al.,
Defendants.
ANSWER OF THE DUKE
UNIVERSITY DEFENDANTS,
DUKE UNIVERSITY POLICE
DEFENDANTS, AND DUKE SANE
DEFENDANTS
Duke University, Robert K. Steel, Richard Brodhead, John Burness, Matthew
Drummond and Victor J. Dzau (hereinafter “Duke University Defendants”), Aaron
Graves, Robert Dean, and Gary N. Smith (hereinafter “Duke University Police
Defendants”), and Duke University Health System, Inc. and Tara Levicy (hereinafter
“Duke University SANE Defendants”) respond as follows to the Second Amended
Complaint filed in this action:
FIRST DEFENSE
Plaintiffs’ Second Amended Complaint violates Rule 8 of the Federal Rules of
Civil Procedure, which requires a complaint to contain a “short and plain statement of the
claim showing that the pleader is entitled to relief.” Instead, Plaintiffs’ Second Amended
Complaint includes a large number of implicit allegations that are undefined and bases its
allegations on a large number of false premises. It contains 428 pages and 1,388
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 1 of 460
2
numbered paragraphs, “most of which are not relevant to the actual legally-recognized
claims that may be available.” (See D.E. 186 at 221.)
SECOND DEFENSE
The Duke University Defendants, Duke University Police Defendants, and Duke
SANE Defendants deny anything that is not explicitly admitted in the same terms in
which it is alleged. It is not the intention of the Duke University Defendants, Duke
University Police Defendants, or the Duke SANE Defendants to make any implicit
admissions of facts, premises, or concepts that are logically, or otherwise, implied by the
allegations within the Second Amended Complaint. Where facts, premises, or concepts
are admitted, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants will admit those facts, premises or concepts expressly. The
Duke University Defendants, Duke University Police Defendants, or the Duke SANE
Defendants deny all other allegations within this Second Amended Complaint that are not
admitted.
THIRD DEFENSE
The Duke University Defendants, Duke University Police Defendants and Duke
SANE Defendants have not engaged in discovery regarding the circumstances of the
Plaintiffs’ allegations. The Duke University Defendants, Duke University Police
Defendants and Duke SANE Defendants thus expressly reserve the right to move to
amend their answer to add additional responses and defenses as discovery progresses and
additional information regarding this action becomes available.
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 2 of 460
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FOURTH DEFENSE
To the extent that any of the headings contained within the Second Amended
Complaint are construed as allegations, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants deny the allegations.
FIFTH DEFENSE
The Duke University Defendants, the Duke University Police Defendants, and the
Duke SANE Defendants respond as follows to the numbered allegations contained in the
Second Amended Complaint:
To the extent that the heading that precedes Paragraph 1 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
1. The Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants specifically deny that they were a part of any type of
“consortium” as alleged within this Second Amended Complaint. The Duke University
Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the
remaining allegations.
2. The Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants specifically deny that they were a part of any type of
“consortium” as alleged within this Second Amended Complaint. The Duke University
Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the
remaining allegations.
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 3 of 460
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3. The Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
4. The Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
5. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that the North Carolina
Attorney General’s office conducted an independent investigation of the allegations made
by Ms. Mangum. Upon information and belief, the Duke University Defendants and
Duke SANE Defendants admit that on April 11, 2007, the North Carolina Attorney
General dismissed all charges against David Evans, Colin Finnerty, and Reade Seligmann
arising from the rape allegations that are the subject of this Second Amended Complaint.
The Duke University Defendants, Duke University Police Defendants, and Duke SANE
Defendants deny the remaining allegations.
To the extent that the heading that precedes Paragraph 6 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.

snip

9. Duke University admits that the Plaintiffs were undergraduates at Duke
University and members of its men’s lacrosse team during the spring semester of 2006.
Duke University is without knowledge or information sufficient to form a belief about the
truth of the remaining allegations and, therefore, denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
To the extent that the headings that precede Paragraph 10 are construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
10. The claims against the Duke University Police Department, Executive Vice
President Trask, former Vice President Dawkins, former Assistant Chief Humphries,
Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab,
former Lieutenant Fleming, Lieutenant Stotsenberg, Lieutenant Best, Provost Lange,
Vice President Moneta, former Secretary Haltom, Dean Wasiolek, Associate Dean Bryan,
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 5 of 460
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PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31,
2011.
Duke University admits that it is a private research university. Duke University
further admits that it is a non-profit corporation organized under North Carolina law. The
allegation in the second sentence calls for a legal conclusion to which no response is
required. To the extent that a response is required, Duke University denies the allegation
contained in the second sentence. Duke University denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants deny the allegations.
To the extent that the heading that precedes Paragraph 11 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
11. The claims against the Duke University Police Department were dismissed
by the Court’s Order of March 31, 2011.
Duke University denies that the Duke University Police Department is a separate
legal entity from Duke University. Duke University admits that Duke University Police
Officers are Duke University employees, are commissioned as law enforcement officers
under the North Carolina General Statutes, and have the full range of police authority
granted any municipal law enforcement officers. Duke University denies the remaining
allegations.
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 6 of 460
7
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
To the extent that the heading that precedes Paragraph 12 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
12. Aaron Graves and Duke University admit that Aaron Graves served as the
Associate Vice President for Campus Safety and Security for Duke University, including
during the period from March 13, 2006 (the date of Plaintiffs’ party) until June 30, 2010.
Duke University and former Associate Vice President Graves admit that former
Associate Vice President Graves discharged appropriately and fully the responsibilities of
Associate Vice President for Campus Safety and Security for Duke University. Former
Associate Vice President Graves admits that he was a citizen and resident of North
Carolina in 2006. Former Associate Vice President Graves denies that he is now a
resident of North Carolina. Duke University and former Associate Vice President Graves
deny the remaining allegations.
The remaining Duke University Defendants, remaining Duke University Police
Defendants, and Duke SANE Defendants are without knowledge or information
sufficient to form a belief about the truth of the allegations and, therefore, deny the
allegations.
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 7 of 460
8
13. Robert Dean and Duke University admit that Robert Dean served as the
Director of the Duke University Police Department, including during the period from
March 13, 2006 (the date of Plaintiffs’ party) until April 2008. Duke University and
former Director Dean further admit that former Director Dean discharged appropriately
and fully the responsibilities of Director of the Duke University Police Department.
Former Director Dean further admits that he is a resident of North Carolina. Duke
University and former Director Dean deny the remaining allegations.
The remaining Duke University Defendants, remaining Duke University Police
Defendants, and Duke SANE Defendants are without knowledge or information
sufficient to form a belief about the truth of the allegations and, therefore, deny the
allegations.
14. The claims against Leila Humphries were dismissed by the Court’s Order
of March 31, 2011.
Duke University admits that Leila Humphries served as the Assistant Police Chief
of the Duke University Police Department, including during the period from March 13,
2006 (the date of Plaintiffs’ party) until May 2006. Duke University further admits that
former Assistant Police Chief Humphries discharged appropriately and fully the
responsibilities of Assistant Police Chief of the Duke University Police Department.
Upon information and belief, Duke University admits that former Assistant Police Chief
Humphries is a citizen and resident of North Carolina. Duke University denies the
remaining allegations.
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 8 of 460
9
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
15. The claims against Phyllis Cooper were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that Phyllis Cooper serves in the Duke University Police
Department as a fully commissioned North Carolina law enforcement officer with the
rank of major, including during the period from March 13, 2006 (the date of Plaintiffs’
party) to the present. Duke University admits that Major Cooper discharged
appropriately and fully the responsibilities of a major with the Duke University Police
Department. Duke University admits that Major Cooper has served as a liaison to
CrimeStoppers. Upon information and belief, Duke University admits that Major Cooper
is a citizen and resident of North Carolina. Duke University denies the remaining
allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
16. The claims against William F. Garber II were dismissed by the Court’s
Order of March 31, 2011.
Duke University admits that William F. Garber II served as the Medical Center
Affairs Manager for the Duke University Police Department, including during the period
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 9 of 460
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from March 13, 2006 (the date of Plaintiffs’ party) to February 2008. Duke University
admits that Mr. Garber discharged appropriately and fully the responsibilities of Medical
Center Affairs Manager with the Duke University Police Department. Upon information
and belief, Duke University admits that Mr. Garber is a citizen and resident of North
Carolina. Duke University denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
17. The claims against James Schwab were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that James Schwab served as a fully commissioned North
Carolina law enforcement officer and was a major for the Duke University Police
Department, including during the period from March 13, 2006 (the date of Plaintiffs’
party) until December 2006. Duke University admits that former Major Schwab
discharged appropriately and fully the responsibilities of a major with the Duke
University Police Department. Upon information and belief, Duke University admits that
former Major Schwab is a citizen and resident of North Carolina. Duke University
denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 10 of 460
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18. The claims against Joseph Fleming were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that Joseph Fleming served as a fully commissioned
North Carolina law enforcement officer and was a lieutenant with the Duke University
Police Department, including during the period from March 13, 2006 (the date of
Plaintiffs’ party) until June 2006. Duke University admits that former Lieutenant
Fleming discharged appropriately and fully the responsibilities of a lieutenant with the
Duke University Police Department. Upon information and belief, Duke University
admits that former Lieutenant Fleming is a citizen and resident of North Carolina. Duke
University denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
19. The claims against Jeffrey Best were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that Jeffrey Best serves as a fully commissioned North
Carolina law enforcement officer and is a lieutenant and Squad Commander in the
Uniform Patrol Division in the Duke University Police Department, including during the
period from March 13, 2006 (the date of Plaintiffs’ party) to present. Duke University
admits that Lieutenant Best discharged appropriately and fully the responsibilities of a
lieutenant with the Duke University Police Department. Duke University admits that
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Lieutenant Best was the Watch Commander on the evening of March 13, 2006, and
during the early morning hours of March 14, 2006, for the Duke University Police
Department. Upon information and belief, Duke University admits that Lieutenant Best
is a citizen and resident of North Carolina. Duke University denies the remaining
allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
To the extent that the heading that precedes Paragraph 20 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
20. Gary Smith and Duke University admit that Gary Smith serves as a fully
commissioned North Carolina law enforcement officer and is a Sergeant with the Duke
University Police Department, including during the period from March 13, 2006 (the date
of Plaintiffs’ party) to the present. Duke University and Sergeant Smith admit that
Sergeant Smith discharged appropriately and fully the responsibilities of an investigator
with the Duke University Police Department. Sergeant Smith admits he is a citizen and
resident of North Carolina. Duke University and Sergeant Smith deny the remaining
allegations.
The remaining Duke University Defendants, remaining Duke University Police
Defendants, and Duke SANE Defendants are without knowledge or information
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 12 of 460
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sufficient to form a belief about the truth of the allegations and, therefore, deny the
allegations.
21. The claims against Greg Stotsenberg were dismissed by the Court’s Order
of March 31, 2011.
Duke University admits that Greg Stotsenberg serves as a fully commissioned
North Carolina law enforcement officer and is a lieutenant for the Duke University Police
Department, including during the period from March 13, 2006 (the date of Plaintiffs’
party) to the present. Duke University admits that Lieutenant Stotsenberg served as a
liaison to CrimeStoppers. Duke University admits that Lieutenant Stotsenberg
discharged appropriately and fully the responsibilities of a lieutenant with the Duke
University Police Department. Upon information and belief, Duke University admits that
Lieutenant Stotsenberg is a citizen and resident of North Carolina. Duke University
denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
To the extent that the heading that precedes Paragraph 22 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
22. Robert Steel and Duke University admit that Robert Steel served as
Chairman of the Duke University Board of Trustees and the Executive Committee of the
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 13 of 460
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Duke University Board of Trustees, including during the period from March 13, 2006
(the date of Plaintiffs’ party) until May 2009. Duke University and former Chairman
Steel further admit that former Chairman Steel discharged appropriately and fully the
responsibilities of Chairman of the Duke University Board of Trustees. Former
Chairman Steel admits that he is a citizen and resident of Connecticut. Duke University
and former Chairman Steel deny the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
23. Richard Brodhead and Duke University admit that Richard Brodhead
serves as President of Duke University, including during the period from March 13, 2006
(the date of Plaintiffs’ party) to the present. President Brodhead admits attending
meetings to respond to the situation created by the accusations against the lacrosse
players. Duke University and President Brodhead further admit that President Brodhead
discharged appropriately and fully the responsibilities of President of Duke University.
President Brodhead further admits that he is a citizen and resident of North Carolina.
Duke University and President Brodhead deny the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 14 of 460
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24.
Edited by sceptical, Apr 15 2011, 01:29 PM.
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sceptical

24. The claims against Peter Lange were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that Peter Lange serves as Provost of Duke University,
including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the
present. Duke University admits that Provost Lange attended meetings to respond to the
situation created by the accusations against the lacrosse players. Duke University further
admits that Provost Lange discharged appropriately and fully the responsibilities of
Provost of Duke University. Upon information and belief, Duke University admits that
Provost Lange is a citizen and resident of North Carolina. Duke University denies the
remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
25. The claims against Tallman Trask III were dismissed by the Court’s Order
of March 31, 2011.
Duke University admits that Tallman Trask III serves as Executive Vice President
of Duke University, including during the period from March 13, 2006 (the date of
Plaintiffs’ party) to the present. Duke University admits that Executive Vice President
Trask attended meetings to respond to the situation created by the accusations against the
lacrosse players. Duke University further admits that Executive Vice President Trask
discharged appropriately and fully the responsibilities of Executive Vice President of
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Duke University. Upon information and belief, Duke University admits that Executive
Vice President Trask is a citizen and resident of North Carolina. Duke University denies
the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
26. John Burness and Duke University admit that John Burness served as
Senior Vice President for Public Affairs and Government Relations at Duke University,
including during the period from March 13, 2006 (the date of Plaintiffs’ party) through
June 30, 2008. Duke University and former Senior Vice President Burness admit that
former Senior Vice President Burness attended meetings to respond to the situation
created by the accusations against the lacrosse players. Duke University and former
Senior Vice President Burness admit that former Senior Vice President Burness was the
primary senior liaison to the City of Durham. Duke University and former Senior Vice
President Burness deny that former Senior Vice President Burness was the primary
liaison to the Durham Police Department. Duke University and former Senior Vice
President Burness admit that former Senior Vice President Burness discharged
appropriately and fully the responsibilities of Senior Vice President for Public Affairs and
Government Relations of Duke University. Former Senior Vice President Burness
admits that he is a citizen and resident of North Carolina. Duke University and former
Senior Vice President Burness deny the remaining allegations.
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The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
27. The claims against Larry Moneta were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that Larry Moneta serves as Vice President for Student
Affairs at Duke University, including during the period from March 13, 2006 (the date of
Plaintiffs’ party) to the present. Duke University admits that Vice President Moneta
attended meetings to respond to the situation created by the accusations against the
lacrosse players. Duke University admits that Vice President Moneta discharged
appropriately and fully the responsibilities of Vice President for Student Affairs of Duke
University. Upon information and belief, Duke University admits that Vice President
Moneta is a citizen and resident of North Carolina. Duke University denies the
remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
28. Victor Dzau, DUHS, and Duke University admit that Victor Dzau serves as
Chancellor for Health Affairs and President and Chief Executive Officer of DUHS,
including during the period from March 13, 2006 (the date of Plaintiffs’ party) to the
present. Duke University, DUHS, and Chancellor Dzau further admit that Chancellor
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Dzau discharged appropriately and fully the responsibilities of Chancellor for Health
Affairs and President and Chief Executive Officer of DUHS. Chancellor Dzau further
admits that he is a citizen and resident of North Carolina. Duke University, DUHS, and
Chancellor Dzau deny the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and remaining Duke SANE Defendants are without knowledge or information sufficient
to form a belief about the truth of the allegations and, therefore, deny the allegations.
29. The claims against Allison Haltom were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that Allison Haltom served as Executive University
Secretary and Vice President of Duke University, including during the period from
March 13, 2006 (the date of Plaintiffs’ party) until December 31, 2007. Duke University
admits that former Secretary Haltom attended meetings to respond to the situation created
by the accusations against the lacrosse players. Duke University further admits that
former Secretary Haltom discharged appropriately and fully the responsibilities of
University Secretary and Vice President of Duke University. Upon information and
belief, Duke University admits that former Secretary Haltom is a citizen and resident of
North Carolina. Duke University denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
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To the extent that the heading that precedes Paragraph 30 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
30. The claims against Kemel Dawkins were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that Kemel Dawkins served as the Vice President for
Campus Services for Duke University, including during the period from March 13, 2006
(the date of Plaintiffs’ party) until April 2010. Duke University admits that former Vice
President Dawkins reported to Tallman Trask, Executive Vice President of Duke
University. Duke University further admits that former Associate Vice President Graves,
and Mr. Drummond, Director IT Auxiliary Services-DukeCard, reported to former Vice
President Dawkins. Duke University admits that former Vice President Dawkins
discharged appropriately and fully the responsibilities of Vice President for Campus
Services for Duke University. Duke University denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
31. The claims against Suzanne Wasiolek were dismissed by the Court’s Order
of March 31, 2011.
Duke University admits that Suzanne Wasiolek serves as Assistant Vice President
for Student Affairs and Dean of Students at Duke University, including during the period
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from March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University
further admits that Dean Wasiolek discharged appropriately and fully the responsibilities
of Assistant Vice President for Student Affairs and Dean of Students of Duke University.
Duke University further admits that Dean Wasiolek received her juris doctorate from
North Carolina Central School of Law and that she practiced law for a period of nine
months. Duke University denies that Dean Wasiolek acts as a lawyer in her position at
Duke. Dean Wasiolek admits that she is a citizen and resident of North Carolina. Duke
University denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
32. The claims against Stephen Bryan were dismissed by the Court’s Order of
March 31, 2011.
Duke University admits that Stephen Bryan serves as Associate Dean of Students
and Director of Judicial Affairs at Duke University, including during the period from
March 13, 2006 (the date of Plaintiffs’ party) to the present. Duke University admits that
Associate Dean Bryan discharged appropriately and fully the responsibilities of Associate
Dean of Students of Duke University. Upon information and belief, Duke University
admits that Associate Dean Bryan is a citizen and resident of North Carolina. Duke
University denies the remaining allegations.
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The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
33. Matthew Drummond and Duke University admit that Matthew Drummond
served as the Director IT Auxiliary Services-DukeCard, including during the period from
March 13, 2006 (the date of Plaintiffs’ party) until February 2011. Duke University and
Matthew Drummond admit that Matthew Drummond discharged appropriately and fully
the responsibilities of Director IT Auxiliary Services-DukeCard. Former Director
Drummond further admits that he is a citizen and resident of North Carolina. Duke
University and Matthew Drummond deny the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
To the extent that the heading that precedes Paragraph 34 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
34. Duke University Health System, Inc. (“DUHS”) and Duke University admit
that DUHS is a non-profit corporation organized under North Carolina law for the
purpose of operating an integrated academic health care system. Duke University and
DUHS deny that Durham Center Access is a constituent entity of DUHS and deny that
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DUHS operates Durham Center Access. Duke University and DUHS deny the remaining
allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and remaining Duke SANE Defendants are without knowledge or information sufficient
to form a belief about the truth of the allegations and, therefore, deny the allegations.
35. The claims against Private Diagnostic Clinic, PLLC (“PDC”) were
dismissed by the Court’s Order of March 31, 2011.
Duke University and DUHS admit that PDC is a professional limited liability
company organized under North Carolina law. Duke University and DUHS deny the
remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and remaining Duke SANE Defendants are without knowledge or information sufficient
to form a belief about the truth of the allegations and, therefore, deny the allegations.
36. The claims against Julie Manly were dismissed by the Court’s Order of
March 31, 2011.
DUHS admits that Julie Manly served as an emergency medicine resident
physician at DUHS, including during the period from March 13, 2006 (the date of
Plaintiffs’ party) until June 30, 2006. DUHS specifically denies that Dr. Manly was a
“person” acting under color of law. Upon information and belief, DUHS admits that
Julie Manly is a citizen and resident of North Carolina. DUHS denies the remaining
allegations.
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The Duke University Defendants, Duke University Police Defendants and
remaining Duke SANE Defendants are without knowledge or information sufficient to
form a belief about the truth of the allegations and, therefore, deny the allegations.
37. The claims against Theresa Arico were dismissed by the Court’s Order of
March 31, 2011.
DUHS admits that Theresa Arico served as the Coordinator of the Sexual Assault
Nurse Examiner Program at Duke University Hospital, including during the period from
March 13, 2006 (the date of Plaintiffs’ party) until October 2006. DUHS specifically
denies that Nurse Arico was a “person” acting under color of law. Upon information and
belief, DUHS admits that Nurse Arico is citizen and resident of North Carolina. DUHS
denies the remaining allegations.
The Duke University Defendants, Duke University Police Defendants and
remaining Duke SANE Defendants are without knowledge or information sufficient to
form a belief about the truth of the allegations and, therefore, deny the allegations.
38. Tara Levicy and DUHS admit that on March 14, 2006, Nurse Levicy was a
registered nurse who was working as a staff nurse in the Emergency Department at Duke
University Hospital. Nurse Levicy admits that she was a citizen and resident of North
Carolina in 2006 and 2007. Nurse Levicy admits that she is now a citizen and resident of
New Hampshire. DUHS and Nurse Levicy admit that on March 14, 2006, when working
on her shift, Nurse Levicy had successfully completed her SANE training and was
waiting for her certificate of completion to arrive in the mail. DUHS and Nurse Levicy
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specifically deny that Nurse Levicy was a “person” acting under color of law. DUHS and
Nurse Levicy deny the remaining allegations.
The Duke University Defendants and Duke University Police Defendants are
without knowledge or information sufficient to form a belief about the truth of the
allegations and, therefore, deny the allegations.
39. The claims against the Duke University Police Department, Executive Vice
President Trask, former Vice President Dawkins, former Assistant Chief Humphries,
Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab,
former Lieutenant Fleming, Lieutenant Stotsenberg, Lieutenant Best, Provost Lange,
Vice President Moneta, former Secretary Haltom, Dean Wasiolek, Associate Dean Bryan,
PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31,
2011.
Duke University, former Chairman Steel, President Brodhead, former Senior Vice
President Burness, former Director Drummond, Chancellor Dzau, former Associate Vice
President Graves, former Director Dean, Sergeant Smith, DUHS and Nurse Levicy admit
that they are Defendants in this Action. Duke University, former Chairman Steel,
President Brodhead, former Senior Vice President Burness, former Director Drummond,
Chancellor Dzau, former Associate Vice President Graves, former Director Dean,
Sergeant Smith, DUHS and Nurse Levicy deny the remaining allegations.
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40. The claims against Provost Lange, Executive Vice President Trask, Vice
President Moneta, and former Secretary Haltom were dismissed by the Court’s Order of
March 31, 2011.
Former Chairman Steel, President Brodhead, former Senior Vice President
Burness, and Chancellor Dzau admit that they are Defendants in this Action. The Duke
University Defendants, Duke University Police Defendants, and Duke SANE Defendants
deny the remaining allegations.
41. The claims against Provost Lange, Executive Vice President Trask, Vice
President Moneta, former Secretary Haltom, former Vice President Dawkins, Dean
Wasiolek, and Associate Dean Bryan were dismissed by the Court’s Order of March 31,
2011.
Former Chairman Steel, President Brodhead, former Senior Vice President
Burness, former Director Drummond and Chancellor Dzau admit that they are
Defendants in this Action. The Duke University Defendants, Duke University Police
Defendants, and Duke SANE Defendants deny the remaining allegations.
42. The claims against Dr. Manly, Nurse Arico, and PDC were dismissed by
the Court’s Order of March 31, 2011.
Nurse Levicy, DUHS and Duke University admit that they are Defendants named
in this Action. The Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants deny the remaining allegations.
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43. The claims against the Duke University Police Department, Executive Vice
President Trask, former Vice President Dawkins, former Assistant Chief Humphries,
Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab,
former Lieutenant Fleming, Lieutenant Stotsenberg and Lieutenant Best were dismissed
by the Court’s Order of March 31, 2011.
President Brodhead, former Associate Vice President Graves, Sergeant Smith, and
former Director Dean admit that they are Defendants in this Action.
The Duke University Defendants, Duke University Police Defendants, and Duke
SANE Defendants deny the remaining allegations.
44. The claims against Executive Vice President Trask, former Vice President
Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center
Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, and
Lieutenant Best were dismissed by the Court’s Order of March 31, 2011.
President Brodhead, former Associate Vice President Graves, and former Director
Dean admit that they are Defendants in this Action.
The Duke University Defendants, Duke University Police Defendants, and Duke
SANE Defendants deny the remaining allegations.
45. The claims against Lieutenant Stotsenberg were dismissed by the Court’s
Order of March 31, 2011.
Sergeant Smith admits that he is a Defendant in this Action.
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The Duke University Defendants, Duke University Police Defendants, and Duke
SANE Defendants deny the remaining allegations.
46. The claims against former Vice President Dawkins, Dean Wasiolek, and
Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011.
Former Director Drummond admits that he is a Defendant in this Action.
The Duke University Defendants, Duke University Police Defendants, and Duke
SANE Defendants deny the remaining allegations.
47. The claims against Lieutenant Best, former Lieutenant Fleming, Major
Cooper, former Assistant Chief Humphries, former Vice President Dawkins, and
Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011.
Former Chairman Steel, Sergeant Smith, former Director Dean, former Associate
Vice President Graves, and President Brodhead admit that they are Defendants in this
Action.
The Duke University Defendants, Duke University Police Defendants, and Duke
SANE Defendants deny the remaining allegations.
To the extent that the heading that precedes Paragraph 48 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
48. The Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants admit that the City of Durham is a municipal corporation
formed under the laws of North Carolina. The Duke University Defendants, Duke
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University Police Defendants, and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the allegations contained in the
second sentence and, therefore, deny the allegations contained in the second sentence.
Duke University denies the allegations contained in the last sentence. Duke
University is without knowledge or information sufficient to form a belief about the truth
of the remaining allegations and, therefore, denies the remaining allegations.
The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the remaining allegations and, therefore, deny the remaining
allegations.
49. The Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants admit that Michael Nifong was the District Attorney for Durham
County. Upon information and belief, it is further admitted that former District Attorney
Nifong was disbarred by the North Carolina State Bar for his actions relating to the
prosecution of David Evans, Colin Finnerty, and Reade Seligmann. Other than reports of
the disbarment proceedings, the Duke University Defendants, Duke University Police
Defendants, and Duke SANE Defendants are without knowledge or information
sufficient to form a belief about the truth of the remaining allegations and, therefore, deny
the remaining allegations.
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To the extent that the heading that precedes Paragraph 50 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
50. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Patrick Baker was
the City Manager for the City of Durham. The Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
51. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Steven Chalmers
was the Chief of Police for the Durham Police Department. The Duke University
Defendants, Duke University Police Defendants, and Duke SANE Defendants are
without knowledge or information sufficient to form a belief about the truth of the
remaining allegations and, therefore, deny the remaining allegations.
52. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Ronald Hodge was
employed by the Durham Police Department. The Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
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53. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Lee Russ was
employed by the Durham Police Department. The Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
54. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Stephen Mihaich
was employed by the Durham Police Department. The Duke University Defendants,
Duke University Police Defendants, and Duke SANE Defendants are without knowledge
or information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
55. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Beverly Council
was employed by the Durham Police Department. The Duke University Defendants,
Duke University Police Defendants, and Duke SANE Defendants are without knowledge
or information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
56. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Jeff Lamb was
employed by the Durham Police Department. The Duke University Defendants, Duke
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University Police Defendants, and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
57. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Michael Ripberger
was employed by the Durham Police Department. The Duke University Defendants,
Duke University Police Defendants, and Duke SANE Defendants are without knowledge
or information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
58. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Laird Evans was
employed by the Durham Police Department. The Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
59. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that James Soukup was
employed by the Durham Police Department. The Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
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To the extent that the heading that precedes Paragraph 60 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
60. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Kammie Michael
was employed by the Durham Police Department. The Duke University Defendants,
Duke University Police Defendants, and Duke SANE Defendants are without knowledge
or information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
61. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that David Addison
was employed by the Durham Police Department. The Duke University Defendants,
Duke University Police Defendants, and Duke SANE Defendants are without knowledge
or information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
To the extent that the heading that precedes Paragraph 62 is construed as
allegations, the Duke University Defendants, Duke University Police Defendants, and
Duke SANE Defendants deny the allegations.
62. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Mark Gottlieb was
employed by the Durham Police Department. The Duke University Defendants, Duke
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University Police Defendants, and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
63. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Benjamin Himan
was employed by the Durham Police Department. The Duke University Defendants and
Duke SANE Defendants are without knowledge or information sufficient to form a belief
about the truth of the remaining allegations and, therefore, deny the remaining
allegations.
64. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Linwood Wilson
was employed by the District Attorney for the Fourteenth Judicial District. The Duke
University Defendants and Duke SANE Defendants are without knowledge or
information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
65. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Richard Clayton
was employed by the Durham Police Department. The Duke University Defendants,
Duke University Police Defendants, and Duke SANE Defendants are without knowledge
or information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
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