CONSOLIDATED OPPOSITION TO DEFENDANTS’ MOTIONS TO DISMISS
THE FIRST AMENDED COMPLAINT
"The Amended Complaint describes the intentional misconduct during the investigation of the “Duke lacrosse case” that caused Plaintiffs David F. Evans, Collin Finnerty, and Reade Seligmann, to be indicted and arrested on false charges of rape, sexual assault, and kidnapping, and to be prosecuted for over a year. The alleged misconduct was brazen and far-reaching: police officers, investigators, forensic scientists, and public officials are alleged to have conspired to charge and arrest three innocent men and, in furtherance of this scheme, to have fabricated false evidence, concealed evidence of Plaintiffs’ actual innocence and the lack of probable cause to indict them, intimidated witnesses, and issued public statements falsely proclaiming, among other things, that there was “no doubt” the charges were true.
In response to Plaintiffs’ allegations, Defendants have filed a series of motions to dismiss the Amended Complaint (the “Motions”), each making the remarkable assertion that Defendants cannot be held accountable for such misconduct as a matter of law. These arguments are fundamentally flawed, however, either because they rely on a mischaracterization of Plaintiffs’ allegations, or because they depend on propositions of law that do not exist or are inapplicable on the facts alleged. On the principal question presented by each of the Motions—do the allegations of the Amended Complaint, taken as true, state claims upon which relief can be granted against each of the Defendants under the federal civil rights laws and North Carolina law—the answer is plainly yes... "
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