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)

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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

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