McFadyen v Duke Memorandum Decision on Summary Judgment

Embed Doc
Copy Link
Readcast
Collections

CommentGo Back

Download

IN THE UNITED STATES DISTRICT COURTFOR THE MIDDLE DISTRICT OF NORTH CAROLINARYAN MCFADYEN, MATTHEW WILSON )and BRECK ARCHER ))Plaintiffs, ))v. ) 1:07CV953)DUKE UNIVERSITY, et al., ))Defendants. )MEMORANDUM OPINIONThis case involves 41 claims set out in an exhaustive 428-page Second AmendedComplaint [Doc. #136] by Plaintiffs Ryan McFadyen (“McFadyen”), Matthew Wilson (“M.Wilson”), and Breck Archer (“Archer”) against Defendants Duke University (“Duke”), the DukeUniversity Police Department (“Duke Police”), Duke University Associate Vice President forCampus Safety and Security Aaron Graves (“Graves”), Director and Chief of the Duke PoliceDepartment Robert Dean (“Dean”), Duke Police Assistant Police Chief Leila Humphries(“Humphries”), Duke Police Major Phyllis Cooper (“Cooper”), Duke Police Medical CenterAffairs Manager William F. Garber, II (“Garber”), Duke Police Major James Schwab(“Schwab”), Duke Police Lieutenant Joseph Fleming (“Fleming”), Duke Police LieutenantJeffrey O. Best (“Best”), Duke Police First Sergeant Gary N. Smith (“Smith”), Duke Police FirstSergeant Greg Stotsenberg (“Stotsenberg”), Chairman of the Executive Committee of the DukeBoard of Trustees Robert K. Steel (“Steel”), Duke President Richard H. Brodhead(“Brodhead”), Duke Provost Peter Lange (“Lange”), Duke Executive Vice President TallmanTrask, III (“Trask”), Duke Senior Vice President for Public Affairs and Government Relations

Case 1:07-cv-00953-JAB-WWD Document 186 Filed 03/31/11 Pa e 1 of 223

1

District Attorney Nifong previously filed a Notice of Bankruptcy in the case of Evansv. City of Durham

, 1:07CV739. Although the Evans case was stayed against Nifong during hisBankruptcy, it was reopened after the Bankruptcy Court determined that the claims againstNifong in the Evans case were “personal injury tort” claims that must be considered in thisCourt rather than in the Bankruptcy Court. Nifong has not filed a Notice of Bankruptcy, aMotion to Dismiss, or any other response in the present case, and the parties have not addressedthe status of Nifong as a Defendant, other than with respect to Plaintiffs’ contentions that theCity should be held responsible for Nifong’s actions. The Court has addressed that issue andother common legal issues in this Memorandum Opinion, but has not addressed issues specificonly to Nifong given this procedural posture. If Plaintiffs intend to proceed against Nifong individually in light of the Court’s determinations herein, Plaintiffs should file a Notice in thiscase addressing Nifong’s status as a Defendant and addressing the impact of any remaining bankruptcy issues.

2

John Burness (“Burness”), Duke Vice President for Student Affairs Larry Moneta (“Moneta”),Duke Chancellor for Health Affairs and President and Chief Executive Officer of DukeUniversity Health Systems, Inc. Victor J. Dzau (“Dzau”), Duke Secretary Allison Haltom(“Haltom”), Duke Vice President for Campus Services Kemel Dawkins (“Dawkins”), DukeAssistant Vice President for Student Affairs and Dean of Students Suzanne Wasiolek (“Wasiolek”), Duke Associate Dean of Students and Director of Judicial Affairs Stephen Bryan(“Bryan”), Duke Auxiliary Services Senior Manager IT and Head of the Duke Card OfficeMatthew Drummond (“Drummond”), Duke University Health Systems, Inc. (“Duke Health”),Private Diagnostic Clinic, PLLC (“Private Diagnostic”), Duke Health Dr. Julie Manly (“Manly”),Duke Health Nurse Theresa Arico (“Arico”), Duke Health Nurse Tara Levicy (“Levicy”), theCity of Durham (“the City”), former District Attorney Michael B. Nifong (“Nifong”)

1

, DurhamCity Manager Patrick Baker (“Baker”), Durham Chief of Police Steven Chalmers (“Chalmers”),Durham Deputy Chief of Police Ronald Hodge (“Hodge”), Executive Officer to the DurhamChief of Police Lee Russ (“Russ”), Durham Police Commander of Investigative Services

Case 1:07-cv-00953-JAB-WWD Document 186 Filed 03/31/11 Pa e 2 of 223

3

Stephen Mihaich (“Mihaich”), Durham Police Uniform Patrol Bureau Commander Beverly Council (“Council”), Durham Police Patrol District Two Commander Jeff Lamb (“Lamb”),Durham Police Department District Two Lieutenant Michael Ripberger (“Ripberger”), DurhamPolice Department District Two Sergeant Laird Evans (“Evans”), Director of the DurhamEmergency Communications Center James T. Soukup (“Soukup”), Durham Police PublicRelations Coordinator and Public Information Officer Kammie Michael (“Michael”), DurhamPolice Department CrimeStoppers Coordinator David W. Addison (“Addison”), Durham PoliceDepartment District Two Sergeant Mark D. Gottlieb (“Gottlieb”), Durham Police DepartmentInvestigator Benjamin W. Himan (“Himan”), District Attorney’s Office Investigator LinwoodWilson (“Wilson”), Durham Police Department District Two Patrol Officer Richard D. Clayton(“Clayton”), DNA Security, Inc. (“DSI”), DSI President Richard Clark (“Clark”), and DSI LabDirector Brian Meehan (“Meehan”).Defendants have collectively filed multiple, separate Motions to Dismiss, that is, aMotion to Dismiss by Defendant Meehan [Doc. #174], a Motion to Dismiss by DefendantsSoukup, Michael, Addison and Clayton [Doc. #169], a Motion to Dismiss by DefendantLinwood Wilson [Doc. #167], a Motion to Dismiss by Defendants Duke, Brodhead, Bryan,Burness, Dawkins, Drummond, Dzau, Graves, Haltom, Lange, Moneta, Steel, Trask, andWasiolek (collectively, the “Duke University Defendants”) [Doc. #175], a Motion to Dismissby Defendants Duke Health, Private Diagnostic, Arico, Levicy, and Manly (collectively, the“Duke SANE Defendants”) [Doc. #177], a Motion to Dismiss by Duke Police, Best, Cooper,Dean, Fleming, Garber, Humphries, Schwab, Smith, and Stotsenberg (collectively, the “Duke

Case 1:07-cv-00953-JAB-WWD Document 186 Filed 03/31/11 Pa e 3 of 223

of 00

Leave a Comment