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Duke Files New 732 Page Answer in Civil Suits; Duke Denies Fraud; Text of McFadyen Answer
Topic Started: Apr 15 2011, 01:22 AM (2,908 Views)
jmoo

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

65. Upon information and belief, the Duke University Defendants, Duke
University Police Defendants, and Duke SANE Defendants admit that Richard Clayton
was employed by the Durham Police Department. The Duke University Defendants,
Duke University Police Defendants, and Duke SANE Defendants are without knowledge
or information sufficient to form a belief about the truth of the remaining allegations and,
therefore, deny the remaining allegations.
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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.
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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
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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.
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The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.
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.
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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
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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
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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

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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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”
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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,
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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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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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

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.
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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.
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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.
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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.
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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.
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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
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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.
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The remaining Duke University Defendants, Duke University Police Defendants,
and Duke SANE Defendants are without knowledge or information sufficient to form a
belief about the truth of the allegations and, therefore, deny the allegations.

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,
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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.
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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

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.
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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
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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.
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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

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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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

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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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

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.
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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.
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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.
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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.
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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.
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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

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
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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
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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

(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.
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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.
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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
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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.
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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

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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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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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

(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
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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
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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
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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
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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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