MCFADYEN et al v. DUKE UNIVERSITY et al
Filing
344
NOTICE OF FILING A PETITION FOR WRIT OF CERTIORARI by BRECK ARCHER, RYAN MCFADYEN, MATTHEW WILSON re #331 USCA Mandate, #336 Brief, #34 Amended Complaint, #343 Reply to Response to Motion, #341 Response to Motion, #335 MOTION for Judgment on the Pleadings , Motions Submitted (Attachments: #1 Exhibit Petition for Writ of Certiorari)(EKSTRAND, ROBERT)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN MCFADYEN, et al.,
Plaintiffs,
v.
1:07-CV-953
DUKE UNIVERSITY, et al.,
Defendants.
PLAINTIFFS’ NOTICE OF FILING A
PETITION FOR WRIT OF CERTIORARI
Plaintiffs hereby give notice that they timely filed a Petition for
a Writ of Certiorari (“Petition”) in the Supreme Court of the United States on June 13, 2013, attached as Exhibit A. Plaintiffs seek
review of the Fourth Circuit’s reversal of this Court’s ruling on
Count 1 on their complaint, entitled Search and Seizure in Violation of 42 U.S.C. § 1983 and Conspiracy. Specifically, the Petition
presents the question:
Is “a significantly lower standard than probable cause”
sufficient under the Fourth Amendment to justify a
court order authorizing police to detain 46 young men
at a police station to collect their DNA, compel them to
disrobe, and submit to close examination and photographing of their bodies for evidence in a criminal investigation?
Exhibit A, Petition at i.
If Plaintiffs’ Petition is granted, the Supreme Court’s ruling
as to Count 1 may also affect the Fourth Circuit’s ruling as to
Counts 5 and 12, but not as to Count 2. Thus, in light of the decision by the Fourth Circuit, Count 2 should be dismissed as to all
Defendants.
June 18, 2013
Respectfully submitted by:
EKSTRAND & EKSTRAND LLP
Counsel for Plaintiffs
/s/ Robert C. Ekstrand
Robert C. Ekstrand,
N.C. Bar No. 26673
110 Swift Avenue, Second Floor
Durham, North Carolina 27705
RCE@ninthstreetlaw.com
Tel. (919) 416-4590
Fax (919) 416-4591
/s/ Stefanie Smith
Stefanie Smith, N.C. Bar No. 42345
110 Swift Avenue, Second Floor
Durham, North Carolina 27705
SAS@ninthstreetlaw.com
Tel. (919) 416-4590
Fax (919) 416-4591
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
RYAN MCFADYEN, et al.,
Plaintiffs,
v.
1:07-CV-953
DUKE UNIVERSITY, et al.,
Defendants.
CERTIFICATE OF SERVICE
I hereby certify that on June 18, 2013, I electronically filed the
foregoing with the Clerk of Court using the CM/ECF System,
which will send notice of the filing to counsel of record for Defendants and Defendant Linwood Wilson, all of who are registered
CM/ECF users.
Respectfully submitted,
EKSTRAND & EKSTRAND LLP
By: /s/ Robert C. Ekstrand
Robert Ekstrand
Counsel for Plaintiffs
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?