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Status report on McFayden suit; March 14, 2014
Topic Started: Mar 15 2014, 05:57 PM (220 Views)
Quasimodo

Quote:
 
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

RYAN MCFADYEN, et al.,
Plaintiffs,

v. 1:07-CV-953-JAB-JEP

DUKE UNIVERSITY, et al.,
Defendants.


STATUS REPORT OF REMAINING CLAIMS AND DEFENDANTS

During the Status Conference conducted by the Court today, March 14,
2014, Plaintiffs’ counsel presented a summary of the claims and defendants
remaining in this action
in light of the Opinion and Judgment of the Court of
Appeals for the Fourth Circuit issued on December 17, 2012, and the denial
of Plaintiff’s’ Petition for a Writ of Certiorari by the Supreme Court of the
United States.

To further assist the Court, a chart of those remaining claims
and defendants is set out below.

Claim -- Levicy
Count 1: Search and Seizure in Violation
of 42 U.S.C. § 1983 and Conspiracy


Count 2: -- Levicy and Smith*
Search and Seizure in Violation of 42 U.S.C. § 1983 and Conspiracy

Count 5: -- Wilson*
False Public Statements in Violation of 42 U.S.C. § 1983

Count 18: -- Levicy, Wilson, Steel, Brodhead, Dzau, Burness, Duke, and Duke Health
Common Law Obstruction of Justice and Conspiracy

Count 21: -- Duke
Breach of Contract

Count 24: Smith, Graves, Dean, Drummond and Duke
Fraud

Count 32: Duke and Duke Health
Negligent Hiring, Retention,
Supervision, Training and Discipline

Count 41: City of Durham, North Carolina
Violations of Article I and Article IX of the North Carolina Constitution and Conspiracy

* The Fourth Circuit’s ruling that Counts 2 and 5 do not state a constitution-
al violation applies with equal force to these defendants, and those claims
should therefore be dismissed.



With respect to Plaintiffs’ claims against Michael B. Nifong, those claims

were not affected by the Fourth Circuit’s decision. However, on January 15,

2008, Plaintiffs were served with Nifong’s Voluntary Petition (Chapter 7) for

Bankruptcy as creditors, elected not to contest the petition, and stipulate to

Nifong’s dismissal from this action.

Finally, Plaintiffs are filing an amended response to the pending motion

for judgment on the pleadings to correct Plaintiffs’ references to Counts 1, 2,

and 5, and to clarify Plaintiffs’ position viz. the Fourth Circuit’s decision as to

those claims. Specifically, Plaintiffs’ claims against Defendants Levicy and

Smith in Count 2 and Defendant Wilson in Count 5 should be dismissed be-

cause the Fourth Circuit held that those counts failed to state a constitution-

al violation; whereas Plaintiffs’ claim in Count 1 against Levicy should go

forward because the Fourth Circuit did not reach the constitutional question

raised in Count 1, holding, instead, that the police defendants forward because the Fourth Circuit did not reach the

constitutional question

raised in Count 1, holding, instead, that the police defendants were entitled

to qualified immunity, which Levicy does not have.



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Quasimodo

Posted Image

excuse me but lady liberty needs glasses

and so does mrs justice by her side

both the broads r blind as bats

stumbling thru the system

--Tupac Shakur




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Quasimodo

Quote:
 
Count 2: -- Levicy and Smith*
Search and Seizure in Violation of 42 U.S.C. § 1983 and Conspiracy

Count 5: -- Wilson*
False Public Statements in Violation of 42 U.S.C. § 1983

Count 18: -- Levicy, Wilson, Steel, Brodhead, Dzau, Burness, Duke, and Duke Health
Common Law Obstruction of Justice and Conspiracy


I guess we still have a chance to see Levicy deposed...





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Quasimodo

Quote:
 
I guess we still have a chance to see Levicy deposed...



Quote:
 



http://liestoppers.blogspot.com/2007/06/did-levicy-just-bust-gottlieb.html


FRIDAY, JUNE 15, 2007

Did Levicy Just Bust Gottlieb?

Duke University Medical Center Nurse Tara Levicy may have offered a nice bonus for those who endured the marathon fourth day of Defendant Nifong's trial. Under oath, Levicy testified that, following her interview with Investigator Benjamin Himan by telephone on March 16, 2006, she was not interviewed by law enforcement again until January 2007.
.
Levicy's testimony appears to belie the assertions made by DPD Sgt. Mark Gottlieb in his homegrown notes and willingly published by the NY Times to lead off Duff Wilson's Save-the-Hoax front page editorial disguised as a news story. Although Levicy claims to have had no LE interviews from her initial March 16, 2006 chat with Inv. Himan until January of 2007, Wilson recounts details of the miracle fill-in-the-blanks interview of Levicy, supposedly conducted by Sgt. Gottlieb, on March 21, 2006.

(snip)

On March 21, a week after an African-American woman charged that she had been raped by three white Duke University lacrosse players, the police sergeant supervising the investigation met with the sexual-assault nurse who had examined the woman in the emergency room. The sergeant, Mark D. Gottlieb, reviewed the medical report, which did not say much: some swelling, no visible bruises.

But the sergeant’s case notes also recount what the nurse told him in response to his questions:

...that the woman appeared to be in so much pain that it took “an extended period of time” to examine her, and that the “blunt force trauma” seen in the examination “was consistent with the sexual assault that was alleged by the victim.”

This opening paragraph immediately raises several questions. If Gottlieb reviewed the report on March 21st, why does the report indicate that it was not printed until March 30th and why did Himan have to go pick it up on April 4th?

Why is Himan the investigator that called the SANE nurse and the one that that signed the affidavit yet Gottlieb is the one who spoke to the nurse in person (apparently without Himan) and the one who heard all significant injuries, many of which are not documented?

Why didn’t Himan talk to the SANE nurse with Gottlieb?

If Gottlieb’s report wasn’t written, how did Himan know what the interviews and medical records revealed when he signed the affidavits?

If the accuser was in so much pain, why were there not more injuries detailed in the medical report? Was this pain noted by other examining physicians in their reports? Is “blunt force trauma” a medical term that appears elsewhere in any of the medical reports?

Assuming that Levicy's sworn testimony tonight was accurate and truthful, there appears to be additional reason to question the gullibilty of Duff Wilson, the credibility of Sgt. Gottlieb, and the legality of the orders and warrants based on the apparently imagined interview.



POSTER COMMENTS AT SITE:

-----------------------------

"I wasn't surprised when I heard no DNA was found because rape is not about passion or ejaculation but about power" -- which reads curiously as if Levicy has forgotten she ever had a duty to evaluate whether Mangum's story was credible, and thinks instead her duty is to construct a story for Mangum which will not seem so implausible.

-----------------------------

Every time she opened her mouth about this 'gang rape', she lied.

She lied by omission to Himan on March 16 when she refused to tell him she hadn't conducted the exam but instead Dr. Manley had. She further lied by touting herself as an expert when in fact she had no experience and only a useless certificate. She lied again by saying diffuse edema - and absolutely nothing else - was 'proof' of a violent gang rape.

She lied again January 2007 by trying to pass off feminist ideology as medical fact - i.e., blathering about the mindset of a rape was 'proof' one had even taken place. In short, it makes no difference when Tara spoke about this supposed 'gang rape' because every time she DID speak, she lied.

-------------------------------

She stated in a later interview that she spoke with Hinman twice (his notes also reflect this) and she confirmed that what Gottlieb put in his report she told him (thats another meeting she forgot) she also met with nifong on several occasions over the summer which she also stated in another interview.

--------------------------------

Leviecy told Doug Kingsbury that she had met with the prosecution over the summer and that she did make the blunt force trauma comment to Gotlieb. I'm guessing she just perjured herself in open court.

---------------------------------

She lied. I hope they charge her with perjury.

---------------------------------

BTW, the SANE nurse's duty is not to help the Dr. with the exam. Her duty is to do the whole exam herself!

If she was fully certified, and competent, she wouldn't have needed Manly in there doing her job.
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Quasimodo


Joan Foster reminding us why...:

Quote:
 
http://liestoppers.blogspot.com/search/label/News%20and%20Observer

TUESDAY, SEPTEMBER 11, 2007
Joan Foster comes out swinging!

This morning the News-Observer published a column by staff writer Barry Saunders.

They seek payback, not pay



(snip)

This caused a fury in Joan and she quickly responded to him.



Dear Barry,

(snip)

Duh. It's the Discovery, Stupid.

It's the discovery that will rip the dirty little lid.... off the dirty little Old Boys Network.... in the dirty little town of Durham.

Watching the synchronization of cops, judges, and Durham officials, as they constructed the dirty little frame against Collin, Reade and Dave last year, has left many of us breathless with rage. But this isn't about rage or revenge or raking every last bit of revenue out of the city coffers .

No, Barry, this is about RECONSTRUCTION. The reconstruction of a judicial system, a police department, and a city government that currently reeks of cronyism and corruption.

Did you see Judge Ron ("He's A-OK") Stephens blubbering on the stand last week over his bestest buddy Mike Nifong's problems? Or Judge Marcia ("It depends") Morey hedging under oath and then hovering over Nifong like a hen with a chick? With the intensity of this incestuous local system proudly on public display, Barry, are you really convinced all defendants are assured a fair trial in Durham? I mean, Barry, the State is the richest Daddy of them all. You were content in your columns to let these three sons of privilege sweat it out...but what about the sons of poverty, the sons of single Moms and the sons of "Barely Subsisting"? How are they to handle the grifters with a grip on the power in your town?

This is about THEM. Not Collin, Reade, and Dave. This is FOR them. And for all who have been victimized before and will surely be victimized in the future. You and many Durhamites have been content to subject your sons and your neighbors' sons to the status quo. Mark ("Magic Notes") Gottlieb is still prowling his beat. Patrick ("Only One Story") Baker is still on the payroll after Hoaxgate, having also survived Leadgate and Dumpgate. Not one other Durhamite filed a similar Nifong removal motion, following Beth Brewer's courageous lead.

Maybe you were out replacing the feather in your fedora, Barry, but I missed YOUR meaningful contribution. There has been no accountability, no self-correction, no cleaning of the cesspool too many of you locals contentedly swim in. Why was it you never stood up to the sleaze, Barry? Was it inbred apathy, fear of reprisal, or, as Mike Nifong saw it, a golden opportunity for self-advancement? In any event, you just let it be.

But that's about to change. Sorry you didn't have the grit or the gumption to do it on your own.

No, Barry, this is a line in the sand for all those folks... poor, black, brown, and otherwise... who couldn't stand up to the bullies in blue; the wolves in white shirt and council pin; the back-slapping boys in black robes and their favorite, duly-elected district attorney, Mike Nifong. This is FOR THEM. This is to put a stake in the heart of the shameful, sickening abuse of power that dominates the smug and the powerful in your town.

Let them be deposed.

Better yet...let them be EXPOSED.Fully, completely, and finally exposed.

This is better than the Feds, Barry.

The Godfather might tell you...Durham has been made an offer it cannot accept.

It's about the Discovery. Any settlement is secondary. Since you locals never had the courage to clean house before... consider the tax hike to come...well, just like you hired a BIG, BIG Cleaning Team to come to town, disinfect and remove the Trash. Durham deserves better than this. And, Barry, when you won't do it yourself...sometimes you just have to PAY to get it done.

Durham can never compensate Collin, Reade, and Dave for the stain on their names or being shackled with a lifetime of abuse from the "Something Happened" crowd. But making an example of Durham's complicity in the wrongdoing in this case may help eradicate the cronyism, corruption, and contempt for our justice system that affects others unable to help themselves. It takes courage to take that on. These three families have it. Your sarcasm, insensitivity and lifetime of inaction shows you lack the conviction or the CHARACTER to even grasp the concept.

Keep swanning around the cesspool in your snazzy hat, Barry. Whether you approve or not, somebody's about to see it drained.


Remember the above when and if there are more settlements, and the usual cry is heard from Durham (and the Durham press) about having to pay off the lacrosse players...

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Quasimodo

And Joan Foster once again:

Quote:
 


These are people who were seriously prepared to take 30-40 years from three innocent kids lives rather than surrender the metanarrative or say they were wrong. Remember Brodhead humbling himself before the NCNAACP, speaking of Black women being "commandeered" by Whites of Privilege. Think of the justification , the vindication, that his audience felt. They were willing to totally look past the truth, the facts, the REALITY...just to finally be making their point in such a fierce and public way.

THEY KNEW.

THEY ALL KNEW. Some of them saw her Russian novel Medical folder; some of them knew her local history as a prostitute/druggie; some knew the family; some knew cops; THEY ALL KNEW.

Think of it!

All of them, Nifong, Brodhead, the judges, the NCNACCP, the 88, the Durham politicians....ALL OF THEM...knew.

They had NOTHING but her word and they knew WHAT she was...MENTALLY and morally. HER WORD ALONE.

But they continued.

They knew. They knew. They knew. They knew.

I can't say it enough. It astounds me still.

They could look at Collin, Reade, and Dave, and with full and total awareness that they were innocent...DEMAND this travesty go forward. They are people of the most odious kind of lie" because they think THEY are entitled TO LIE and sacrifice others..for our mutual societal GOOD. They applaud themselves for the lie. They are not ashamed.

Get that? They are Noble Liars. These Mothers' Sons were just expendable sacrifices to help THEM display their larger moral superiority....and to achieve a greater moral purpose. This is the mindset that grips Duke and Durham.
This is Moral Derangement Syndrome of the highest order.

So...clean up the party hats, Tony...Baldo, put the champagne away.

What happens in Durham stays in Durham. This morning, the deals and details are being worked out. Weeks from now, we'll see a line or two in the local papers. All cleaned up. All over now.

"It's another Tequila sunrise. This ole world still looks the same. Another frame."




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