| Duke Files New 732 Page Answer in Civil Suits; Duke Denies Fraud; Text of McFadyen Answer | |
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| Tweet Topic Started: Apr 15 2011, 01:22 AM (2,908 Views) | |
| jmoo | Apr 15 2011, 11:27 AM Post #31 |
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If anyone would like the pdf files let me know. I'll go ahead and fwd to those of you who asked for copies of the Opinion. |
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| sceptical | Apr 15 2011, 11:29 AM Post #32 |
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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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 33 of 460 34 snip 77. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they, or anyone acting on behalf of any of them, 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 35 of 460 36 To the extent that the heading that precedes Paragraph 78 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 78. As a result of the matters alleged in the Second Amended Complaint, which are denied, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that the Plaintiffs purport to allege violations of 42 U.S.C. § 1983, 42 U.S.C. § 1985, 42 U.S.C. § 1986, 42 U.S.C. § 1988, the North Carolina statutes, and the North Carolina common law. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that the allegations in the Second Amended Complaint state claims upon which relief can be granted. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 79. As a result of the matters alleged in the Second Amended Complaint, which are denied, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that these allegations place jurisdiction in this Court. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that the allegations in the Second Amended Complaint state claims upon which relief can be granted. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 80. As a result of the matters alleged in the Second Amended Complaint, which are denied, the Duke University Defendants, Duke University Police Defendants, and Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 36 of 460 37 Duke SANE Defendants admit that these allegations place jurisdiction in this Court. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that the allegations in the Second Amended Complaint state claims upon which relief can be granted. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 81. As a result of the matters alleged in the Second Amended Complaint, which are denied, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit these allegations place venue in the United States District Court for the Middle District of North Carolina. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that the allegations in the Second Amended Complaint state claims upon which relief can be granted. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. To the extent that the headings that precede Paragraph 82 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 82. The claims against the Duke University Police Department were dismissed by the Court’s Order of March 31, 2011. Duke University denies the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 37 of 460 38 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. 83. The claims against the Duke University Police Department were dismissed by the Court’s Order of March 31, 2011. Duke University denies the 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. 84. 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 deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 38 of 460 39 85. Former Chairman Steel and Duke University deny the allegations in the introductory section of this paragraph and in subparagraphs A, B, C, D, and E. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or Duke SANE Defendants are alleged to be included within “Duke University officials,” an undefined term used in Paragraph 85, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that they ever received any such directions as alleged within Paragraph 85. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 86. Former Chairman Steel specifically denies issuing any sort of directions as alleged in Paragraph 86. Former Chairman Steel denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. To the extent that the heading that precedes Paragraph 87 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 87. Former Chairman Steel specifically denies issuing any sort of “Directive” as alleged within this Second Amended Complaint. Former Chairman Steel denies the remaining allegations. Duke University admits that it did not have any ability to intervene in the criminal investigation conducted by the Durham Police Department or to stop the criminal Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 39 of 460 40 prosecution led by the District Attorney. 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. 88. Former Chairman Steel denies the allegations. Duke University admits that it did not have any ability to intervene in the criminal investigation conducted by the Durham Police Department or to stop the criminal prosecution led by the District Attorney. 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. 89. Duke University and former Chairman Steel deny the allegations contained in the first and second sentences of this paragraph. Former Chairman Steel is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the remaining allegations. Duke University and President Brodhead admit that on March 28, 2006, President Brodhead issued a public statement that included the language quoted in Paragraph 89. To the extent this paragraph purports to characterize a portion of this statement, Duke Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 40 of 460 41 University and President Brodhead deny the characterization. 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. 90. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that a video, referenced as Attachment 1 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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. 91. The claims against Executive Vice President Trask, Provost Lange, Vice President Moneta, and former Secretary Haltom were dismissed by the Court’s Order of March 31, 2011. Former Chairman Steel denies the allegations. President Brodhead, former Senior Vice President Burness, and Chancellor Dzau specifically deny that they received any such direction from former Chairman Steel as alleged in Paragraph 91. President Brodhead, former Senior Vice President Burness, and Chancellor Dzau deny the remaining allegations. Edited by sceptical, Apr 15 2011, 01:32 PM.
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| sceptical | Apr 15 2011, 11:31 AM Post #33 |
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Duke University specifically denies that any of its employees received any such direction from former Chairman Steel as alleged in Paragraph 91. 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. 92. Former Chairman Steel and Duke University deny the 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 93 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 93. The allegations in Paragraph 93 call for a legal conclusion to which no response is required. To the extent that a response is required, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 94. Duke University admits that on July 18, 2003, the North Carolina Legislature enacted Session Law 2003-329 House Bill 736, Section 2, which amended section 116-40.5(b) of the North Carolina General Statutes. Duke University further admits that the North Carolina General Statutes authorized Duke University to enter into Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 42 of 460 43 an agreement with the City of Durham regarding the jurisdiction of the Duke University Police Department. Duke University further admits that the City of Durham and Duke University signed an agreement entitled, “Agreement for Police Cooperation, Mutual Aid, and Campus Law Enforcement Agency Extended Jurisdiction.” The third sentence of Paragraph 94 calls for a legal conclusion to which no response is required. To the extent that a response is required, Duke University denies the third sentence of Paragraph 94. Duke University admits that a document, referenced as Attachment 2 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that a document, referenced as Attachment 2 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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. 95. Duke University admits that Duke University and the City of Durham entered into an agreement on April 6, 2004, titled, “Agreement for Police Cooperation, Mutual Aid and Campus Law Enforcement Agency Extended Jurisdiction.” Duke University admits that a document, referenced as Attachment 3 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. The remaining allegations call for Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 43 of 460 44 legal conclusions to which no response is required. To the extent that a response is required, Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that a document, referenced as Attachment 3 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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. To the extent that the heading that precedes Paragraph 96 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 96. Duke University denies the 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. 97. The claims against the Duke University Police Department were dismissed by the Court’s Order of March 31, 2011. Duke University denies the allegations contained in the introductory paragraph. With respect to subparagraph A, Duke University is without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, denies the allegations in subparagraph A. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 44 of 460 45 With respect to subparagraph B, Duke University admits that the Duke University Police Department has conducted investigations into allegations of rape and other sexual offenses on property owned by Duke University. Duke University denies the remaining allegations in subparagraph B. With respect to subparagraph C, Duke University admits that the Duke University Police Department conducted an investigation into an alleged rape that was reported to have occurred at a Duke University dormitory on or about April 27, 2006. Duke University denies the remaining allegations in subparagraph C. With respect to subparagraph D, Duke University admits that on or about July 27, 2005, the Duke University Police Department investigated an alleged assault on a female and second-degree sexual offense that was reported to have occurred at 2109 Duke North, Duke University Medical Center. Duke University denies the remaining allegations in subparagraph D. With respect to subparagraph E, Duke University admits that on or about July 31, 2006, the Duke University Police Department investigated an alleged second-degree sexual offense and kidnapping that was reported to have occurred at Central Campus Apartments, 2017 Yearby Street. Duke University denies the remaining allegations in subparagraph E. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 45 of 460 46 belief about the truth of the allegations, including the allegations in subparagraphs A, B, C, D, and E, and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 98 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 98. Duke University admits that Duke University Police Officers are Duke University employees and are commissioned as North Carolina law enforcement officers under the North Carolina General Statutes. Duke University admits that an audio file, referenced as Attachment 4 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. To the extent that this paragraph characterizes any statements contained within the audio file, a portion of which is attached as Attachment 4, Duke University denies the characterization. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that an audio file, referenced as Attachment 4 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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. To the extent that the heading that precedes Paragraph 99 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 46 of 460 47 99. Duke University denies the 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. 100. 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 allegations and, therefore, deny the allegations. 101. 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 allegations and, therefore, deny the allegations. 102. Duke University admits that on March 14, 2006, the dispatcher at the Duke University Police Department received a call from Durham 911 informing him that Durham 911 had received a call reporting racial slurs being made at a house at 610 North Buchanan Boulevard. 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 103 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 47 of 460 48 103. The claims against the Duke University Police Department were dismissed by the Court’s Order of March 31, 2011. Former Chairman Steel specifically denies issuing any sort of “Directive” as alleged within this Second Amended Complaint. Duke University admits that when it exercises its police power, it makes its best efforts to follow the law, the governing standards of care, and the governing standards of professional responsibility. This allegation, as stated, asks what would have happened in particular circumstances that did not actually occur. As such, it is a hypothetical question that cannot be admitted or denied with certainty. To the extent an answer is required, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations as stated in this paragraph, including the allegations in subparagraphs A, B, C, D, E, and F and subparts i and ii of subparagraph F. To the extent that the heading that precedes Paragraph 104 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 104. The claims against the Duke University Police Department were dismissed by the Court’s Order of March 31, 2011. Duke University denies the 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 48 of 460 49 105. The claims against the Duke University Police Department were dismissed by the Court’s Order of March 31, 2011. Duke University denies the 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. 106. The claims against Nurse Arico and the Duke University Police Department were dismissed by the Court’s Order of March 31, 2011. Duke University denies the allegations. Nurse Levicy, former Chairman Steel, President Brodhead, and former Senior Vice President Burness deny that they “aided, abetted, and acted in concert” with Ms. Mangum. Nurse Levicy, former Chairman Steel, President Brodhead, and former Senior Vice President Burness are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, 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. To the extent that the heading that precedes Paragraph 107 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 49 of 460 50 107. Duke University denies the allegations. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or Duke SANE Defendants are alleged to be included within “Duke and Durham officials,” an undefined term used in Paragraph 107, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the 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 any remaining allegations and, therefore, deny any remaining allegations. To the extent that the heading that precedes Paragraph 108 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 108. Duke University denies the 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. 109. 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 allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 50 of 460 51 110. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 111. 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 allegations, including subparagraphs A, B, and C, and, therefore, deny the allegations. 112. 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. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations in the introductory paragraph and in subparagraphs A, B, C, D, and E. To the extent that the heading that precedes Paragraph 113 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 113. Duke University specifically denies that it, or anyone acting on its behalf, “assured” the City of Durham that it would assist in the implementation of “the Policy” Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 51 of 460 52 described in this Second Amended Complaint. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or Duke SANE Defendants are alleged to be included within “Duke University officers and administrators,” an undefined term used in Paragraph 113, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they, or anyone acting on their behalf, “assured” the City of Durham that they would assist in the implementation of “the Policy” described in this Second Amended Complaint. 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, including the allegations in subparagraphs A, B, C, and D, and those in subparts i, ii, iii, and iv of subparagraph D, and, therefore, deny the remaining allegations. 114. 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 allegations and, therefore, deny the allegations. 115. 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 52 of 460 53 PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31, 2011. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny “crafting” the “Policy” as alleged within 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 headings that precede Paragraph 116 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 116. 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 allegations and, therefore, deny the allegations. |
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| sceptical | Apr 15 2011, 11:33 AM Post #34 |
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117. 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. 118. 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 Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 53 of 460 54 Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 119. 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. 120. 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 are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 121. 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 further specifically deny any involvement in conducting “unlawful entry, unlawful detention and unlawful interrogation” of any students at Duke University. 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 54 of 460 55 122. 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, including the allegations in subparagraphs A, B, C, and D and subsections i, ii, iii, and iv of subparagraph D. To the extent that the heading that precedes Paragraph 123 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 123. 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 are without knowledge or information sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 124. 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 are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 55 of 460 56 125. 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 further specifically deny any involvement in conducting “warrantless raids of student homes and unlawful detention and interrogation” of any students at Duke University. 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. 126. 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. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 127. Duke University specifically denies that it, or anyone acting on its behalf, participated in or condoned in any way any sort of “war” on its own students. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 56 of 460 57 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 deny the remaining allegations. 128. 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. 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 further specifically deny any participation in any sort of conspiracy as alleged within 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 129 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 57 of 460 58 129. The claims against Vice President Moneta, Associate Dean Bryan, former Vice President Dawkins, Provost Lange, former Secretary Haltom, and Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, and former Director Drummond specifically deny that they, or anyone acting on their behalf, “publicly ratified and condoned the willful violations of their students’ rights.” Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, and former Director Drummond deny the remaining allegations in this introductory paragraph. With respect to subparagraph A, Duke University admits that the statement in this paragraph attributed to Associate Dean Bryan was part of a quote that appeared in a Duke University public statement on August 29, 2005. To the extent that this subparagraph purports to characterize the statement, Duke University denies the characterization. With respect to subparagraph B, Duke University admits that the statement in this paragraph attributed to Vice President Moneta was part of a quote that appeared in an article in The Chronicle on September 18, 2005. To the extent that the allegations suggest that the language quoted constitutes his entire statement, Duke University denies the allegations. To the extent that this subparagraph purports to characterize the statement, Duke University denies the characterization. With respect to subparagraph C, President Brodhead admits that the statement in this paragraph attributed to him was part of a quote that appeared in The Chronicle on Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 58 of 460 59 October 26, 2005. To the extent that this subparagraph purports to characterize the statement, President Brodhead denies the characterization. President Brodhead denies the remaining allegations in subparagraphs A, B, C, and D. With respect to subparagraph D, Duke University specifically denies ratifying or condoning abuse of Duke University students by law enforcement agencies. Duke University denies the remaining allegations in subparagraphs A, B, C, and D. 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. 130. The claims against Vice President Moneta and Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. 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. Duke University admits that Vice President Moneta serves as Vice President of Student Affairs 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 remaining allegations and, therefore, deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 59 of 460 60 131. The claims against Vice President Moneta and Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University denies the 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. 132. The claims against Vice President Moneta and Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University denies the 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. 133. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University denies the 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 134 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 60 of 460 61 134. 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 allegations and, therefore, deny the allegations. 135. 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 are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 136. 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 are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 137. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they “abused” any Duke University students. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 61 of 460 62 To the extent that the headings that precede Paragraph 138 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 138. 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 admit that there is a photograph that has been inserted into Plaintiffs’ Second Amended Complaint. 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. 139. 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 allegations and, therefore, deny the remaining allegations. 140. The claims against Vice President Moneta were dismissed by the Court’s Order of March 31, 2011. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they were a part of any type of “agreement” as alleged within this Second Amended Complaint. Duke University admits that the statement in this paragraph attributed to Vice President Moneta was part of a quote that appeared in an article in The Chronicle on September 18, 2005. To the extent that the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 62 of 460 63 allegations suggest that the language quoted constitutes his entire statement, Duke University denies the allegations. To the extent that this allegation purports to characterize the statement, Duke University denies the characterization. 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 remaining allegations and, therefore, deny the remaining allegations. snip 143. The claims against Executive Vice President Trask, former Assistant Chief Humphries, Major Cooper, former Medical Center Affairs Manager Garber, former Major Schwab, former Lieutenant Fleming, Lieutenant Best, and former Vice President Dawkins were dismissed by the Court’s Order of March 31, 2011. President Brodhead, former Associate Vice President Graves, and former Director Dean specifically deny that they, or anyone acting on behalf of them, “condoned” or “ratified” abuse by the police of Duke University students. President Brodhead, former Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 63 of 460 64 Associate Vice President Graves, and former Director Dean specifically deny that they, or anyone acting on behalf of them, failed to “adequately supervise, correct, reprimand, or terminate the officers who abused their law enforcement authority in their dealings.” President Brodhead, former Associate Vice President Graves, and former Director Dean deny the remaining allegations. To the extent any of the remaining Duke University Defendants, remaining Duke University Police Defendants or Duke SANE Defendants are alleged to be included within “Defendants,” an ambiguous term used in Paragraph 143, the remaining Duke University Defendants, remaining Duke University Police Defendants, and Duke SANE Defendants deny the 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 any remaining allegations and, therefore, deny any remaining allegations. 144. 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, deny that they, or anyone acting on behalf of them, were aware of facts relating to a police raid or police misconduct at the Belmont pool. President Brodhead, former Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 64 of 460 65 Associate Vice President Graves, and former Director Dean further deny that they have any animus for students at Duke University. President Brodhead, former Associate Vice President Graves, 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. To the extent that the headings that precede Paragraph 145 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 145. Duke University admits that there was a Rolling Stones concert at Wallace Wade Stadium on October 8, 2005. 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. snip 149. Duke University admits that members of the Duke University Police Department provided photographs of occupants of 203 Watts Street who were students at Duke University to the Durham Police Department. Whether the photographs were “federally protected financial records” calls for a legal conclusion to which no response is required. To the extent that a response is required, Duke University denies the allegation. 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. 150. Duke University admits that members of the Duke University Police Department provided photographs of the students who were occupants of 203 Watts Street as requested by the Durham Police Department. Duke University admits that a document, referenced as Attachment 5 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. Duke University is without knowledge or information Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 66 of 460 67 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 admit that a document, referenced as Attachment 5 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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. 151. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that a document, referenced as Attachment 6 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 152. Duke University admits that Officer Dyson observed a Duke flag when he went to 203 Watts Street on September 15, 2005, regarding a noise complaint. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 67 of 460 68 To the extent that the heading that precedes Paragraph 153 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 153. Duke University admits that at approximately 3:00 a.m., Officer Dyson and other members of the Duke University Police Department accompanied officers from the Durham Police Department to render assistance to the Durham Police Department in serving the search and arrest warrants. 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. 154. Duke University admits that some of the residents of 203 Watts Street were put in handcuffs and arrested by members of the Durham Police Department. Duke University admits that members of the Duke University Police Department remained outside the residence during the search of the residence. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 68 of 460 69 To the extent that the heading that precedes Paragraph 155 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. snip 158. The claims against Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Executive Vice President Trask testified at the trial described in Paragraph 158. Duke University is without knowledge or information sufficient to form a belief about the truth of the allegations regarding former District Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 69 of 460 70 Attorney Nifong and, therefore, denies the allegations. 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. snip Edited by sceptical, Apr 15 2011, 01:38 PM.
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| sceptical | Apr 15 2011, 11:35 AM Post #35 |
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160. The claims against Associate Dean Bryan were dismissed by the Court’s Order of March 31, 2011. Duke University admits that the Office of Student Affairs investigated the incident described in this Second Amended Complaint that took place at 203 Watts Street. 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. 161. The claims against Dean Wasiolek were dismissed by the Court’s Order of March 31, 2011. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 70 of 460 71 Duke University denies the 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. 162. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that they were aware of any physical abuse of students during the arrests that are the subject of the allegations contained in Paragraph 162. 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. 163. Duke University admits that Officer Dyson and other members of the Duke University Police Department accompanied officers from the Durham Police Department to render assistance to the Durham Police Department in serving the search and arrest warrants. 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. 164. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 71 of 460 72 President Brodhead, former Associate Vice President Graves, and former Director Dean deny the 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 165 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 165. 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 allegations and, therefore, deny the allegations. 166. 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 allegations and, therefore, deny the allegations. 167. 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 allegations and, therefore, deny the allegations. 168. 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 allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 72 of 460 73 To the extent that the heading that precedes Paragraph 169 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 169. 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 allegations and, therefore, deny the allegations. 170. 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 allegations and, therefore, deny the allegations. To the extent that the headings that precede Paragraph 171 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 171. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that it was known by them that Officer Gottlieb was a “rogue officer.” 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. 172. 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 allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 73 of 460 74 To the extent that the heading that precedes Paragraph 173 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 173. Duke University admits that some of its administrators were aware that there was a list of students who were arrested because of alcohol and noise violations by Officer Gottlieb. Duke University further admits that some of its administrators referred to this list as the “Gottlieb Dossier.” Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations in subparagraphs A, B, and C, 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, including the allegations in subparagraphs A, B, and C, and, therefore, deny the remaining allegations. 174. 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 allegations and, therefore, deny the allegations. 175. 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 allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 74 of 460 75 176. 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 allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 177 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 177. The claims against Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011. Former Senior Vice President Burness admits that he was provided with a list of students who were arrested because of alcohol and noise violations by Officer Gottlieb. Former Senior Vice President Burness denies the remaining allegations. Duke University admits that some of its administrators were aware that Officer Gottlieb had arrested Duke University students because of alcohol and noise violations. 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. 178. Former Senior Vice President Burness admits that he was provided with a list of students who were arrested because of alcohol and noise violations by Officer Gottlieb. Former Senior Vice President Burness is without knowledge or information sufficient to form a belief about the truth of allegations in this paragraph regarding other Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 75 of 460 76 Defendants and, therefore, denies those allegations. Former Senior Vice President Burness 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 179 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. snip 185. Former Senior Vice President Burness admits that he was provided with a list of students who were arrested because of alcohol and noise violations by Officer Gottlieb. Former Senior Vice President Burness further admits that personnel matters are to be addressed by an employee’s employer. Former Senior Vice President Burness 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. 186. President Brodhead denies the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 77 of 460 78 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. snip 188. Duke University admits that it purchased the property located at 610 North Buchanan Boulevard on or about February 28, 2006. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the 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. 189. Duke University admits that it purchased properties located at 508 North Buchanan Boulevard, 702 North Buchanan Boulevard, 704 North Buchanan Boulevard, 708 North Buchanan Boulevard, 710 North Buchanan Boulevard, 814 Lancaster Street, 700 Maplewood Avenue, 1105 Urban Avenue, 1107 Urban Avenue, 1111 Urban Avenue, Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 78 of 460 79 203 Watts Street, 601 Watts Street, 913 Wilkerson Avenue, and 921 Wilkerson Avenue. 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 remaining allegations. 190. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that a document, referenced as Attachment 7 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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. snip 194. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that evidence has been presented in other legal proceedings arising from this same series of events, including the criminal proceedings and the State Bar’s proceedings against Michael Nifong, that on March 13, 2006, members of the Duke University men’s 2005-2006 lacrosse team attended a party at a house located in Durham at 610 North Buchanan Boulevard. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 80 of 460 81 195. Upon information and belief, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that evidence has been presented in other legal proceedings arising from this same series of events, including the criminal proceedings and the State Bar’s proceedings against Michael Nifong, that some of the members of the 2005-2006 Duke University men’s lacrosse team chose to hire dancers for a party at 610 North Buchanan Boulevard. 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. snip Edited by sceptical, Apr 15 2011, 01:41 PM.
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| sceptical | Apr 15 2011, 11:37 AM Post #36 |
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snip 214. President Brodhead admits he did not meet with Robert Ekstrand to review evidence. Upon information and belief, the Duke University Defendants, Duke University Police 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. Other than reports of those findings, 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 allegations. To the extent that the heading that precedes Paragraph 215 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 84 of 460 85 snip 219. Duke University admits that on March 14, 2006, the dispatcher at the Duke University Police Department received a call from Durham 911 informing him that Durham 911 had received a call about racial slurs coming from a house at 610 North Buchanan Boulevard. Duke University is without knowledge or information sufficient to Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 85 of 460 86 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. snip 222. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that a video, referenced as Attachment 8 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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 223 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 86 of 460 87 snip 226. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that an audio recording, referenced as Attachment 9 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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. snip 236. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that an audio recording, referenced as Attachment 10 to Plaintiffs’ Second Amended Complaint, has been filed with the Court. 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. snip 255. The Duke SANE Defendants admit that Ms. Mangum came to Duke University Medical Center on March 14, 2006. The 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. The Duke University Defendants and the 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. Edited by sceptical, Apr 15 2011, 01:46 PM.
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| sceptical | Apr 15 2011, 11:40 AM Post #37 |
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256. 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, 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, Chancellor Dzau, former Associate Vice President Graves, former Director Dean, Sergeant Smith, DUHS and Nurse Levicy deny the allegations. The remaining Duke University Defendant denies the allegations. 257. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they or anyone acting on behalf of them had any involvement in any sort of conspiracy as alleged within this Second Amended Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 93 of 460 94 Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 258. 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, PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31, 2011. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they or anyone acting on behalf of them had any involvement in any sort of conspiracy as alleged within this Second Amended Complaint. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, former Associate Vice President Graves, former Director Dean, Sergeant Smith, DUHS and Nurse Levicy deny the allegations. The remaining Duke University Defendant denies the remaining allegations. 259. 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, PDC, Dr. Manly, and Nurse Arico were dismissed by the Court’s Order of March 31, 2011. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 94 of 460 95 The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they or anyone acting on behalf of them had any involvement in any sort of conspiracy as alleged within this Second Amended Complaint. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, former Associate Vice President Graves, former Director Dean, Sergeant Smith, DUHS and Nurse Levicy deny the allegations. The remaining Duke University Defendant denies the allegations. 260. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they or anyone acting on behalf of them had any involvement in any sort of conspiracy as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. 261. 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, and former Secretary Haltom were dismissed by the Court’s Order of March 31, 2011. Duke University, former Chairman Steel, President Brodhead, former Senior Vice President Burness, Chancellor Dzau, former Associate Vice President Graves, former Director Dean, and Sergeant Smith deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 95 of 460 96 The remaining Duke University Defendants and the 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 262 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 262. 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 allegations and, therefore, deny the remaining allegations. 263. Duke University denies that the Duke University Police Department initiated an investigation of Ms. Mangum’s claims. 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. snip 273. The allegations in Paragraph 273 call for a legal conclusion to which no response is required. To the extent that a response is required, Duke University denies the 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. 274. The claims against Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 98 of 460 99 Duke University admits that Lieutenant Best went to Duke University Medical Center on March 14, 2006. Duke University denies that anyone acting on its behalf initiated an investigation of Ms. Mangum’s allegations. Duke University denies the remaining allegations contained in the second sentence. Duke University is without knowledge or information sufficient to form a belief about the truth of the allegations contained in the first sentence and, therefore, denies the allegations contained in the first sentence. 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. 275. Duke University admits that members of the Duke University Police Department were present at the Emergency Department on March 14, 2006. 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. 276. Duke University admits that members of the Duke University Police Department were present at the Emergency Department on March 14, 2006. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 99 of 460 100 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. snip 278. Duke University denies that any “transfer protocol” was initiated regarding the investigation of Ms. Mangum’s allegations. Duke University admits that former Duke University Police Officer Mazurek was at the Duke University Medical Center on or about March 14, 2006. Duke University admits that former Duke University Police Officer Mazurek telephoned Lieutenant Best. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 100 of 460 101 279. Duke University denies that any “transfer protocol” was initiated regarding the investigation of Ms. Mangum’s allegations. Duke University admits that former Duke University Police Officer Falcon was at the Duke University Medical Center on or about March 14, 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. 280. Duke University admits that former Duke University Police Officer Mazurek informed Lieutenant Best that a woman was brought to the Duke University Medical Center on March 14, 2006, claiming that she was sexually assaulted. Duke University is without knowledge or information sufficient to form a belief about the truth of the 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. 281. The claims against former Major Schwab and Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. Duke University admits that former Major Schwab and Lieutenant Best were present at the Emergency Department on March 14, 2006. Duke University denies that Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 101 of 460 102 anyone acting on its behalf conducted or coordinated an investigation of Ms. Mangum’s allegations. 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. 282. The claims against former Major Schwab and Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Lieutenant Best asked Duke University Police Officers Christopher Day, Larry Eason and Julius Robertson to go to 610 North Buchanan Boulevard. Duke University denies the remaining allegations. 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 allegations and, therefore, deny the allegations. 283. The claims against Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. Duke University admits that after leaving 610 North Buchanan Boulevard, Officer Day went to the Emergency Department at Lieutenant Best’s request. 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 102 of 460 103 284. 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 allegations and, therefore, deny the allegations. 285. Duke University admits that Officer Day wrote a March 14, 2006 operations report. To the extent this paragraph, including subparagraphs A, B, C, D, and E, purports to characterize the contents of the March 14, 2006 report, Duke University denies the characterization. With respect to subparagraph E, Duke University admits that the Duke University Police Department did not file any charges based on Ms. Mangum’s allegations. Duke University denies the remaining allegations, including the allegations contained in subparagraphs A, B, C, and D. 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. 286. The claims against Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. Duke University specifically denies that Lieutenant Best was aware on March 14, 2006, that Ms. Roberts placed the 911 call referenced in the allegations of this paragraph. 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 103 of 460 104 287. The claims against Lieutenant Best were dismissed by the Court’s Order of March 31, 2011. Duke University, former Director Dean, and Sergeant Smith admit that Officer Day prepared a March 14, 2006 operations report. To the extent this paragraph purports to characterize the contents of that report, Duke University, former Director Dean, and Sergeant Smith deny the characterization. Duke University, former Director Dean, and Sergeant Smith 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. 288. The claims against Dean Wasiolek, Vice President Moneta, and Tallman Trask III were dismissed by the Court’s Order of March 31, 2011. Former Director Dean admits that on or about March 15, 2006, former Director Dean notified Dean Wasiolek that an unnamed woman had reported being raped at a party held at 610 North Buchanan Boulevard. Former Director Dean further admits that he told Dean Wasiolek that the accuser was not credible and that the allegations would likely go away. Former Director Dean is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, former Director Dean denies the remaining allegations. Edited by sceptical, Apr 15 2011, 01:49 PM.
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| sceptical | Apr 15 2011, 11:42 AM Post #38 |
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Duke University admits that on or about March 15, 2006, Dean Wasiolek, upon learning of the accusations against the lacrosse team, contacted Coach Pressler, former Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 104 of 460 105 Director of Duke University Athletics Joe Alleva, and then Senior Associate Director of Athletics Chris Kennedy. Duke University further admits that on or about March 15, 2006, Dean Wasiolek contacted Executive Vice President Trask and Vice President Moneta after learning of the accusations against members of the lacrosse team. Duke University further admits that on or about March 15, 2006, its administrators believed that there were doubts about the accuser’s credibility and that it was unlikely that charges would be brought. 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. 289. Duke University admits that Officer Day wrote a March 14, 2006 operations report. To the extent this paragraph purports to characterize the contents of the operations report, Duke University denies the characterization. Duke University and President Brodhead admit that William Bowen and Julius Chambers chaired a committee that reviewed the performance of the Duke University administration in responding to the allegations involving the Duke University men’s lacrosse team in association with a party held on March 13-14, 2006, at 610 North Buchanan Boulevard. Duke University and President Brodhead admit that the Bowen and Chamber Committee issued its report on May 8, 2006. To the extent this paragraph purports to characterize the contents of the Bowen and Chamber Committee’s report, Duke University and President Brodhead deny Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 105 of 460 106 the characterization. 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. 290. Duke University, former Director Dean and former Associate Vice President Graves deny the 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 291 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 291. Duke University specifically denies that the Duke University Police Department dispatched Investigator Jones to Duke University Medical Center’s Emergency Department to interview Ms. Mangum. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the 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 106 of 460 107 292. 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 allegations and, therefore, deny the allegations. To the extent that the headings that precede Paragraph 293 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 293. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny the remaining allegations. The Duke University Defendants and the 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. To the extent that the heading that precedes Paragraph 294 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 294. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 107 of 460 108 for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny the remaining allegations. The Duke University Defendants and the 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. To the extent that the heading that precedes Paragraph 295 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 295. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny the remaining allegations. The Duke University Defendants and the 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 108 of 460 109 To the extent that the heading that precedes Paragraph 296 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 296. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny the remaining allegations. The Duke University Defendants and the 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. To the extent that the heading that precedes Paragraph 297 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 297. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 109 of 460 110 allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny the remaining allegations. The Duke University Defendants and the 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. To the extent that the heading that precedes Paragraph 298 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 298. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny the remaining allegations. The Duke University Defendants and the 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. 299. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 110 of 460 111 information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. Nurse Levicy specifically denies that she created a false or misleading medical record or that she made “unfounded observations” as alleged in the Second Amended Complaint. DUHS and Nurse Levicy deny the remaining allegations. The Duke University Defendants and the 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. 300. The claims against Nurse Arico were dismissed by the Court’s Order of March 31, 2011. DUHS specifically denies that Nurse Arico described the medical examination of Ms. Mangum in any respect and denies that she made any statements that were false. DUHS denies the remaining allegations. Nurse Levicy denies that she made any “false claims” regarding Ms. Mangum. Nurse Levicy is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 111 of 460 112 301. DUHS and Nurse Levicy deny the allegations in the first sentence of this paragraph. DUHS and Nurse Levicy admit that 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 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. To the extent that the heading that precedes Paragraph 302 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 302. The claims against Dr. Manley were dismissed by the Court’s Order of March 31, 2011. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 112 of 460 113 The Duke University Defendants and the 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. 303. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any remaining allegations. The Duke University Defendants and the 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. 304. The claims against Dr. Manley were dismissed by the Court’s Order of March 31, 2011. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 113 of 460 114 allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any remaining allegations. The Duke University Defendants and the 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. 305. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any remaining allegations. The Duke University Defendants and the 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. 306. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 114 of 460 115 allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any remaining allegations. The Duke University Defendants and the 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. To the extent that the heading that precedes Paragraph 307 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 307. To the extent that this paragraph, including subparagraphs A through B, relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any remaining allegations. The Duke University Defendants and the 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. 308. To the extent that this paragraph, including subparagraphs A, B, C, and D, seek information relating to Ms. Mangum’s protected health information, it is a violation Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 115 of 460 116 of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any remaining allegations. The Duke University Defendants and the 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. 309. The claims against Dr. Manley were dismissed by the Court’s Order of March 31, 2011. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 116 of 460 117 310. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, DUHS and Nurse Levicy are unable to respond. Therefore, DUHS and Nurse Levicy deny the allegations seeking information relating to Ms. Mangum’s protected health information. DUHS and Nurse Levicy admit that the evidence collection samples were delivered to the custody of Officer J. Sale. DUHS and Nurse Levicy deny any remaining allegations. Duke University denies that Joyce Sale was employed by the Duke University Police Department. Duke University, the remaining Duke University Defendants and the Duke University Police Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. The 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. 311. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 117 of 460 118 allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any 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. To the extent that the headings that precede Paragraph 312 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 312. 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 allegations and, therefore, deny the allegations. 313. 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 allegations and, therefore, deny the allegations. 314. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants are without knowledge or information sufficient to form a Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 118 of 460 119 belief about the truth of the remaining allegations and, therefore, 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. To the extent that the heading that precedes Paragraph 315 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 315. 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 allegations, including the allegations in subparagraphs A, B, C, and D, and, therefore, deny the allegations. 316. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 119 of 460 120 The Duke University Defendants and the 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. To the extent that the heading that precedes Paragraph 317 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 317. 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 allegations and, therefore, deny the allegations. 318. 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 allegations and, therefore, deny the allegations. 319. 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 allegations and, therefore, deny the allegations. 320. 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 allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 321 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1: |
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| sceptical | Apr 15 2011, 11:45 AM Post #39 |
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321. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations contained in subparagraphs A, B, C, D, E, F, G, H, I, J, K, L, and M, subparts i, ii, and iii of subparagraph I, subparts i, ii, iii, iv, and v of subparagraph K, and subparts i and ii of subparagraph M, and, therefore, deny the 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, including the allegations in subparagraphs A, B, C, D, E, F, G, H, I, J, K, L, and M, subparts i, ii, and iii of subparagraph I, subparts i, ii, iii, iv, and v of subparagraph K, and subparts i and ii of subparagraph M, and, therefore, deny the allegations. 322. 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 allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 121 of 460 122 323. 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 allegations and, therefore, deny the allegations. 324. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any 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. 325. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants deny any remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 122 of 460 123 The Duke University Defendants and the 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. 326. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The 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. The Duke University Defendants and the 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. 327. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 123 of 460 124 The 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. The Duke University Defendants and the 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. 328. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Actfor the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The 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. The Duke University Defendants and the 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. 329. 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 allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 124 of 460 125 330. 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 allegations and, therefore, deny the allegations. 331. 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 allegations and, therefore, deny the allegations. 332. 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, and Associate Dean Bryan 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 deny the allegations. To the extent that the headings that precede Paragraph 333 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 125 of 460 126 snip 350. The claims against Dean Wasiolek were dismissed by the Court’s Order of March 31, 2011. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 128 of 460 129 Duke University admits that on or about March 15, 2006, Dean Wasiolek spoke with one or two of the co-captains of the men’s 2005-2006 lacrosse team by telephone. Duke University admits that Dean Wasiolek told the co-captain with whom she was speaking that the police were investigating allegations of a sexual assault that was alleged to have occurred at 610 North Buchanan Boulevard. 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. 351. The claims against Dean Wasiolek were dismissed by the Court’s Order of March 31, 2011. Duke University admits that Dean Wasiolek told the co-captain with whom she was speaking that the members of the team should cooperate with the police. 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. 352. Duke University admits that, on or about March 15, 2006, members of the Duke University Police Department provided the names of the students on the lease of 610 North Buchanan Boulevard to the Durham Police Department. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 129 of 460 130 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. 353. Duke University and Sergeant Smith admit that Sergeant Smith provided photos of the 2005-2006 Duke University men’s lacrosse team that were downloaded from a website available to the general public to the Durham Police Department. 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. 354. 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. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they had any “supervisory” or “policymaking authority” over any investigation being conducted by the Durham Police Department. Duke University, President Brodhead, former Associate Vice President Graves, and former Director Dean 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 Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 130 of 460 131 belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. 355. 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 specifically deny that they had any “policymaking authority” or “supervisory authority” over any investigation being conducted by the Durham Police Department. President Brodhead, former Associate Vice President Graves, 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. 356. 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. Edited by sceptical, Apr 15 2011, 01:52 PM.
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| sceptical | Apr 15 2011, 11:48 AM Post #40 |
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President Brodhead, former Associate Vice President Graves, and former Director Dean specifically deny that they had any “authority” over any investigation being Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 131 of 460 132 conducted by the Durham Police Department. President Brodhead, former Associate Vice President Graves, and former Director Dean deny the remaining allegations. Duke University denies the existence of any such “policy” or “custom” as alleged in Paragraph 356. Duke University denies 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. 357. 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 specifically deny that they had any “authority” over any investigation being conducted by the Durham Police Department. President Brodhead, former Associate Vice President Graves, and former Director Dean deny the remaining allegations. Duke University denies the existence of any such “policy” or “custom” as alleged in Paragraph 357. Duke University denies the remaining allegations. The remaining Duke University 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 132 of 460 133 To the extent that the heading that precedes Paragraph 358 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 358. 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 allegations and, therefore, deny the allegations. 359. Duke University denies the allegations in the second sentence of this paragraph. 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. 360. Sergeant Smith admits that he provided a compact disc containing photographs of the 2005-2006 Duke University men’s lacrosse team that were downloaded from a website available to the general public to Officer Gottlieb. Sergeant Smith 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 133 of 460 134 snip 367. Duke University admits that the 2005-2006 Duke University men’s lacrosse team’s members included one Adam, one Brett, one Breck and three Matts. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 135 of 460 snip 382. To the extent that this paragraph relates to Ms. Mangum’s protected health information, it is a violation of the Health Insurance Portability and Accountability Act for the Duke SANE Defendants to disclose any of Ms. Mangum’s protected health information. Absent a court order authorizing such disclosure, the Duke SANE Defendants are unable to respond. Therefore, the Duke SANE Defendants deny the allegations seeking information relating to Ms. Mangum’s protected health information. The Duke SANE Defendants are without knowledge or information sufficient to form a belief about the truth of the remaining allegations, including the allegations contained in subparagraphs A, B, C, D, E, F, and G, and, therefore, deny the remaining allegations. Case 1: Edited by sceptical, Apr 15 2011, 01:56 PM.
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| abb | Apr 15 2011, 11:49 AM Post #41 |
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I'm working from my laptop right now. Will be back home late this pm and will load up the responses in PDF format and put up a link in the pinned thread. |
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| sceptical | Apr 15 2011, 11:55 AM Post #42 |
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(snip These paragraphs are the same general denials) 402. The claims against the Duke University Police Department, Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, Garber, former Major Schwab, former Lieutenant Fleming, Lieutenant Stotsenberg, Lieutenant Best, and Dean Wasiolek were dismissed by the Court’s Order of March 31, 2011. President Brodhead, former Associate Vice President Graves, Sergeant Smith, and former Director Dean are without knowledge or information sufficient to form a belief about the truth of the allegations in the first and second sentences of this paragraph and, therefore, deny the allegations. President Brodhead, former Associate Vice President Graves, Sergeant Smith, and former Director Dean specifically deny any “custom” or policy” as alleged in Paragraph 402. President Brodhead, former Associate Vice President Graves, Sergeant Smith, and former Director Dean deny the remaining allegations. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants, or remaining Duke SANE Defendants are alleged to be included within “Duke Police” as alleged in Paragraph 402, the remaining Duke University Defendants, Duke University Police Defendants, and remaining Duke SANE Defendants deny the allegations. Duke University specifically denies any “custom” or “policy” as alleged in Paragraph 402. Duke University denies the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 143 of 460 144 The remaining Duke University 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 403 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 403. Duke University denies the allegations, including the allegations contained in subparagraphs A, B, C, D, E, and F. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants or Duke SANE Defendants are alleged to be included within “Duke Police” or “Duke Officials” as alleged in Paragraph 403, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations, including the allegations contained in subparagraphs A, B, C, D, E, and F. 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 any remaining allegations and, therefore, deny any remaining allegations. To the extent that the heading that precedes Paragraph 404 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 144 of 460 145 404. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that they or anyone acting on their behalf entered into any agreement with the Durham Police Department regarding the Durham Police Department’s interrogation of lacrosse players. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations, including the allegations contained in subparagraphs A, B, and C. To the extent that the heading that precedes Paragraph 405 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 405. Duke University denies the allegations in the first 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. To the extent any of the remaining Duke University Defendants, Duke University Police Defendants or Duke SANE Defendants are alleged to be included within “Duke Police” or “Duke Officials” as alleged in Paragraph 405, the remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations in the first sentence. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 145 of 460 146 406. The claims against Dean Wasiolek were dismissed by the Court’s Order of March 31, 2011. Duke University denies that Dean Wasiolek advised the co-captain with whom she spoke that the members of the lacrosse team should not consult with, or retain, an attorney. Duke University further denies that Dean Wasiolek advised the co-captain with whom she spoke that the members of the lacrosse team should not tell their parents about the rape allegations. Duke University admits that Dean Wasiolek told the co-captain with whom she spoke that the police were investigating allegations of a sexual assault at 610 North Buchanan Boulevard. 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 heading that precedes Paragraph 407 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 407. 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 allegations and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 146 of 460 147 408. The claims against Dean Wasiolek were dismissed by the Court’s Order of March 31, 2011. Duke University denies the allegations in the first and second sentences of this paragraph. Duke University denies that the Duke University Police Department was conducting any sort of investigation as alleged within this Paragraph. 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. 409. The allegations in Paragraph 409 call for a legal conclusion to which no response is required. To the extent that a response is required, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 410. Duke University denies that Duke University or anyone acting on its behalf agreed to a “scheme” with the Durham Police Department regarding questioning of lacrosse players by the Durham Police Department. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 147 of 460 148 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. snip (General denial paragraphs) 429. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 151 of 460 152 430. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants admit that photographs have been attached to Plaintiffs’ Second Amended Complaint. 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 431 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 431. 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 allegations and, therefore, deny the allegations. 432. Duke University denies that any member of the Duke University Police Department questioned Mr. Flannery on March 16, 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 152 of 460 153 (snip General denial paragraphs) 444. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. 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 445 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 445. Former Chairman Steel denies the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 155 of 460 156 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. 446. Former Chairman Steel denies the 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. 447. Former Chairman Steel denies the 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. 448. Former Chairman Steel denies the 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. 449. Former Chairman Steel denies that the investigation of Ms. Mangum’s allegations “belonged” to the Duke University Police Department. Former Chairman Steel 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 156 of 460 157 450. Former Chairman Steel denies the 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. 451. Former Chairman Steel denies the 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. 452. Former Chairman Steel denies the 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. 453. Former Chairman Steel denies the 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. 454. Former Chairman Steel denies the 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 157 of 460 158 455. Former Chairman Steel specifically denies issuing any sort of “Directive” as alleged within this Second Amended Complaint. Former Chairman Steel 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 456 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 456. The claims against Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011. Former Chairman Steel, President Brodhead, former Senior Vice President Burness and former Associate Vice President Graves deny the allegations, including the allegations contained in subparagraphs A, B, C, D, and E. Duke University specifically denies that the Duke University Police Department had any “jurisdictional authority” over, or “power to intervene” with, the Durham Police Department’s criminal investigation of Ms. Mangum’s allegations. Duke denies the remaining allegations, including the allegations contained in subparagraphs A, B, C, D, and E. 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 158 of 460 159 sufficient to form a belief about the truth of the allegations and, therefore, deny the allegations. 457. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. Former Chairman Steel specifically denies any sort of “Directive” to force a trial and convictions. Duke University specifically denies that the Duke University Police Department had any “authority” over, or “power to intervene” with, the Durham Police Department’s criminal investigation of Ms. Mangum’s allegations. Former Chairman Steel and Duke University 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. 458. The claims against Provost Lange, Vice President Moneta, former Secretary Haltom, and Executive Vice President Trask were dismissed by the Court’s Order of March 31, 2011. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 159 of 460 160 Former Chairman Steel specifically denies issuing any sort of “Directive” as alleged within this Second Amended Complaint. Former Chairman Steel denies the remaining allegations. President Brodhead, former Senior Vice President Burness, and Chancellor Dzau deny the allegations. Duke University specifically denies that the Duke University Police Department had any power to “intervene” with the Durham Police Department’s criminal investigation of Ms. Mangum’s allegations. Duke University denies the remaining allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations. To the extent that the heading that precedes Paragraph 459 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. |
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| sceptical | Apr 15 2011, 11:59 AM Post #43 |
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459. The claims against Executive Vice President Trask, Vice President Moneta, Provost Lange, and former University Secretary Haltom were dismissed by the Court’s Order of March 31, 2011. Former Chairman Steel denies the allegations in the first sentence of this paragraph. Former Chairman Steel is without knowledge or information sufficient to form a belief about the truth of the remaining allegations and, therefore, denies the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 160 of 460 161 Duke University admits that President Brodhead, Executive Vice President Trask, Vice President Moneta, Provost Lange, former Senior Vice President Burness, and former University Secretary Haltom attended meetings to respond to the situation created by the accusations against the lacrosse players. Duke University denies the remaining allegations. President Brodhead and former Senior Vice President Burness admit that they attended meetings to respond to the situation created by the accusations against the lacrosse players. President Brodhead and former Senior Vice President Burness deny the remaining allegations. Chancellor Dzau denies that he participated in meetings or communications to respond to the situation created by the accusations against the lacrosse players. Chancellor Dzau 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. 460. The claims against Executive Vice President Trask, Provost Lange, Vice President Moneta, and former Secretary Haltom were dismissed by the Court’s Order of March 31, 2011. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 161 of 460 162 Former Senior Vice President Burness admits that he was aware that Officer Gottlieb had arrested Duke University students because of alcohol and noise violations. Former Senior Vice President Burness denies the remaining allegations. Former Chairman Steel, President Brodhead, and Chancellor Dzau deny the allegations. Duke University admits that some of its administrators were aware that Officer Gottlieb had arrested Duke University students because of alcohol and noise violations. 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 461 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 461. 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. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 162 of 460 163 The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 462. Duke University and President Brodhead admit that President Brodhead held a news conference on March 28, 2006. Duke University and President Brodhead further admit that President Brodhead made statements that include the language quoted in Paragraph 462. To the extent the allegations suggest that the language quoted therein constituted the entirety of President Brodhead’s statement, Duke University and President Brodhead deny the allegations. To the extent that the allegation characterizes the statements, Duke University and President Brodhead deny the characterization. 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. 463. Duke University and President Brodhead specifically deny that the statements quoted in Paragraph 462 were false and misleading. Duke University and President Brodhead admit that the Duke University Police Department did not have the power or authority to “intervene” with the Durham Police Department’s criminal investigation of Ms. Mangum’s allegations. Duke University and President Brodhead deny the remaining allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 163 of 460 164 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. 464. The claims against Peter Lange were dismissed by the Court’s Order of March 31, 2011. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny that they or anyone acting on behalf of them had any involvement in any sort of conspiracy as alleged within this Second Amended Complaint. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the remaining allegations contained in the introductory paragraph. With respect to subparagraph A, Duke University admits that Provost Lange made statements that aired on ABC News that include the language quoted in subparagraph A. To the extent subparagraph A suggests that the language quoted therein constituted the entirety of Provost Lange’s statement, Duke University denies the allegations. To the extent subparagraph A purports to characterize a statement made by Provost Lange, Duke University denies the characterization. Duke University denies the remaining allegations in subparagraph A. With respect to subparagraph B, Duke University admits that the statement in this paragraph attributed to Provost Lange was part of a quote that appeared in an article in The Chronicle on March 27, 2006. To the extent subparagraph B suggests that the language quoted therein constituted the entirety of Provost Lange’s statement, Duke Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 164 of 460 165 University denies the allegations. To the extent subparagraph B purports to characterize a statement made by Provost Lange, Duke University denies the characterization. Duke University denies the remaining allegations in subparagraph B. With respect to subparagraph C, former Senior Vice President Burness admits that during the time of his employment at Duke University he made many statements about the rape allegations. Former Senior Vice President Burness is without knowledge or information sufficient to form a belief about the truth of the allegations in subparagraph C and, therefore, denies the allegations. With respect to subparagraphs D and E, President Brodhead admits that on or about April 3, 2006 he spoke to the Intercommunity Council and Graduate and Professional Council. President Brodhead admits that the statements in this paragraph attributed to him were part of quotes that appeared in The Chronicle on April 3, 2006. To the extent subparagraphs D and E purport to characterize statements made by President Brodhead, President Brodhead denies the characterization. To the extent subparagraph D and E suggest that the language quoted therein constituted the entirety of President Brodhead’s statements, President Brodhead denies the allegations. President Brodhead denies the remaining allegations in subparagraphs D and E. With respect to subparagraph F, President Brodhead admits that on April 5, 2006, President Brodhead wrote a “Letter to the Community” and made the statements quoted in subparagraph F. To the extent subparagraph F suggests that the language quoted therein constituted the entirety of President Brodhead’s statement, President Brodhead Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 165 of 460 166 denies the allegations. To the extent subparagraph F purports to characterize a statement made by President Brodhead, President Brodhead denies the characterization. President Brodhead denies the remaining allegations in subparagraph F. With respect to subparagraph G, former Senior Vice President Burness admits that the statement in this paragraph attributed to him was part of a quote that appeared in The Daily Progress on April 8, 2007. To the extent subparagraph G suggests that the language quoted therein constituted the entirety of his statement, former Senior Vice President Burness denies the allegations. To the extent subparagraph G purports to characterize a statement made by former Senior Vice President Burness, former Senior Vice President Burness denies the characterization. Former Senior Vice President Burness denies the remaining allegations in subparagraph G. With respect to subparagraph H, President Brodhead admits that the statement in this paragraph attributed to him was part of a speech that was reprinted in The Herald- Sun on October 1, 2007. To the extent the subparagraph purports to characterize the statement by President Brodhead, President Brodhead denies the characterization. President Brodhead denies the remaining allegations in subparagraph H. 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 in subparagraphs A, B, C, D, E, F, G, and H and, therefore, deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 166 of 460 167 465. The claims against Provost Lange were dismissed by the Court’s Order of March 31, 2011. Duke University, President Brodhead, and former Senior Vice President Burness specifically deny that the Duke University Police Department had the power or authority to “intervene” with the Durham Police Department’s criminal investigation of Ms. Mangum’s allegations. Duke University, President Brodhead, and former Senior Vice President Burness 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 466 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 466. 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. Duke University admits that on or about March 27, 2006, the Duke University Police Department received a request from Ms. Sheila Eason of the District Attorney’s office for information related to allegations of rape made by Ms. Mangum. Duke University further admits that members of the Duke University Police Department Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 167 of 460 168 provided written statements to the District Attorney’s Office. Duke University denies the remaining allegations. President Brodhead, former Associate Vice President Graves, and former Director Dean deny the 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. 467. 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. Duke University admits that the Duke University Police Officers who were at the Duke University Medical Center on March 13-14, 2006, were asked to prepare written statements regarding any information they might have about the night of March 13-14 relating to Ms. Mangum’s allegations in order to comply with the request for information made by the District Attorney’s Office. Duke University admits that the statements were memoranda addressed to the Office of Durham County District Attorney. To the extent this paragraph purports to characterize the statements made by the Duke University Police officers, Duke University denies the characterizations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 168 of 460 169 With respect to subparagraph E, Duke University admits that two of the officers who completed written statements are no longer employed with the Duke University Police Department. Duke University is without knowledge or information sufficient to form a belief about the truth of the remaining allegations in subparagraph E and, therefore, denies the allegations in subparagraph E. Duke University denies the remaining allegations, including the allegations contained in subparagraphs A, B, C, and D. President Brodhead, former Associate Vice President Graves, and former Director Dean are without knowledge or information sufficient to form a belief about the truth of the allegations in subparagraph E and, therefore, deny the allegations in subparagraph E. President Brodhead, former Associate Vice President Graves, and former Director Dean deny the remaining allegations, including the allegations contained in subparagraphs A, B, C, and D. 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, including the allegations contained in subparagraphs A, B, C, D and E, and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 468 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 169 of 460 170 468. Duke University admits that former Duke University Police Officer Mazurek wrote a statement on or about March 29, 2006, that included the words quoted in this paragraph. To the extent the paragraph suggests that the language quoted therein constituted the entirety of Officer Mazurek’s written statement, Duke University denies the allegations. 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. 469. 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 allegations and, therefore, deny the allegations. To the extent that the heading that precedes Paragraph 470 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 470. Duke University admits that former Duke University Police Officer Sarah Falcon wrote a statement on or about March 28, 2006, that included the words quoted in this paragraph. To the extent the paragraph suggests that the language quoted therein constituted the entirety of Officer Falcon’s written statement, Duke University denies the allegations. To the extent the subparagraph purports to characterize the statement by Officer Falcon, Duke University denies the characterization. Duke University denies the remaining allegations. Case 1: |
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| Deleted User | Apr 15 2011, 11:59 AM Post #44 |
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Deleted User
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I just know one thing. If I ever get in trouble with the "law", I want some of the BLog Hooligans on my team. I would, of course, be "innocent"
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| sceptical | Apr 15 2011, 12:03 PM Post #45 |
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(snip General denial paragraphs) 473. Duke University admits that Officer Day prepared an Operations Report on March 14, 2006. Duke University further admits that the Operations Report prepared by Officer Day was a standard informational report like all operations reports prepared by members of the Duke University Police Department. To the extent the allegations characterize the contents of the Operations Report, Duke University denies the characterization. Duke University denies the remaining allegations. Former Chairman Steel specifically denies issuing any sort of “Directive” as alleged within this Second Amended Complaint. Former Chairman Steel 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. 474. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny that there was any “directive” to conceal exculpatory material. Duke University admits that Officer Day completed a continuation page that was a continuation of the Operations Report prepared on March 14. Duke University admits that the continuation page included the words quoted in this paragraph. To the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 172 of 460 173 extent the allegations characterize the contents of the continuation page, Duke University denies the characterization. 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 remaining allegations and, therefore, deny the remaining allegations. 475. Duke University denies that there was any “transition briefing” in the early morning hours of March 14, 2006. Duke University admits that Officer Day completed a continuation page that was a continuation of the Operations Report that he had prepared on March 14, 2006. To the extent this paragraph purports to characterize the contents of the operations report and its continuation page, Duke University denies that characterization. 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 remaining allegations and, therefore, deny the remaining allegations. To the extent that the heading that precedes Paragraph 476 is construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. 476. The claims against Executive Vice President Trask, former Vice President Dawkins, former Assistant Chief Humphries, Major Cooper, former Medical Center Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 173 of 460 174 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 and former Director Dean deny the allegations in the introductory paragraph. President Brodhead and former Director Dean are without knowledge or information sufficient to form a belief about the truth of the allegations in subparagraphs A and B and, therefore, deny the allegations in subparagraphs A and B. Duke University denies that it had any “responsibility” to investigate the allegations made by Ms. Mangum. Duke University admits that it did not have the power or authority to intervene in or halt an investigation by the Durham Police Department of Ms. Mangum’s allegations. Duke University denies the remaining allegations, including the allegations contained in subparagraphs A and B. Former Associate Vice President Graves denies the allegations in the introductory paragraph. With respect to subparagraph A, former Associate Vice President Graves admits that the statement in this paragraph attributed to him was part of a quote that appeared in an article in The Charlotte Observer on May 11, 2006. To the extent the allegations purport to characterize the statements made by former Associate Vice President Graves, former Associate Vice President Graves denies the characterization. With respect to subparagraph B, former Associate Vice President Graves admits that he made statements that include the language quoted in subparagraph B. To the extent the allegations purport to characterize the statements made by former Associate Vice President Graves, former Associate Vice President Graves denies the Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 174 of 460 175 characterization. To the extent this paragraph suggests that the language quoted therein constituted the entirety of his statement, former Associate Vice President Graves denies that suggestion. Former Associate Vice President Graves denies the remaining allegations, including the remaining allegations contained in subparagraphs A and B. 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, including the allegations contained in subparagraphs A and B, and, therefore, deny the allegations. 477. The Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants specifically deny any participation in any sort of conspiracy as alleged within this Second Amended Complaint. Duke University admits that it did not have the responsibility or authority to intervene in or halt an investigation by the Durham Police Department of Ms. Mangum’s allegations. Duke University denies the remaining allegations. To the extent any of the Duke University Defendants, Duke University Police Defendants or Duke SANE Defendants are alleged to be included within “Duke Police Defendants.” which is an undefined term used in Paragraph 477, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. The remaining Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants are without knowledge or information sufficient to form a Case 1:07-cv-00953-JAB -WWD Document 195 Filed 04/14/11 Page 175 of 460 176 belief about the truth of the remaining allegations and, therefore, deny the remaining allegations. To the extent that the headings that precede Paragraph 478 are construed as allegations, the Duke University Defendants, Duke University Police Defendants, and Duke SANE Defendants deny the allegations. snip (General denial paragraphs) |
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3:28 AM Jul 11