Response to Dismissal Motions
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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http://docs.justia.com/cases/federal/district-courts/north-carolina/ncmdce/1:2007cv00739/46882/51/0.pdf
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7 comments:
Meehan was "singled " out because he is an expert - with his PHD and all. RNs are neither rape "experts" or "forensic experts", but only "fact" witnesses, who testify that they took the swabs and did the Question and Answer Checklist.
SANEs are not experts? That is news to Sexual Assault Nurse Examiners who study to be expert witnesses in their certification. Oh that Nurse Tara had only followed the checklist, but she didn't. She gave opinions to the PD & Nifong that were clearly false according to NC AG. Worse yet, she changed the SANE Exam after the fact. DUMC is in big trouble.
Does anyone really believe that people become experts from a little 84 hour Certification Course given at the YMCA? this is not a PHD from Harvard or even East Texas University. They are fact witness and No Lawyers would agree that a SANE nurse is an expert witness. Don't agree that DUMC is in trouble and in fact, they are not even mentioned in the dismisal filing.
She's guilty.
Of what?? Its America, Man - we need to see the evidence that any of these allegations can be proven to be true, How do you crucify DUMC when the Ag stated "no team DNA on the materials exonerated the team", The AG never addressed the statements and only said 'The nurse based her opinion on subjective evidence.' Just a opinion,
Of what?? Its America, Man - we need to see the evidence that any of these allegations can be proven to be true, How do you crucify DUMC when the Ag stated "no team DNA on the materials exonerated the team", The AG never addressed the statements and only said 'The nurse based her opinion on subjective evidence.' Just a opinion,
She lied; she's guilty.
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