MCFADYEN et al v. DUKE UNIVERSITY et al

Filing 48

MEMORANDUM re #47 MOTION to Dismiss by Duke SANE Defendants filed by DUKE UNIVERSITY HEALTH SYSTEMS, INC., PRIVATE DIAGNOSTIC CLINIC, PLLC, JULIE MANLY, M.D., THERESA ARICO, R.N., TARA LEVICY, R.N. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(GORELICK, JAMIE)

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EXHIBIT 1 McFadyen, et al. v. Duke University, et al., No. 1:07-cv-953 Cause of Action By Duke University, Duke SANE, and Duke Police Defendants Cause of Action 1 Search and Seizure in Violation of 42 U.S.C. � 1983 & Conspiracy � Duke University � � � DUHS Arico Levicy Brief for Duke University Defendants at 8-15 Brief for Duke SANE Defendants at 7-16 2 Search and Seizure in Violation of 42 U.S.C. � 1983 & Conspiracy � � � � Brodhead Dawkins Steel Trask � � Arico Levicy � � � � � � � � Best Cooper Dean Fleming Graves Humphries Smith Stotsenberg Brief for Duke University Defendants at 8-15 Brief for Duke SANE Defendants at 7-16 Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Cause of Action 3 Abuse of Process and Conspiracy in Violation of 42 U.S.C. � 1983 � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Dzau Steel � � � DUHS Arico Levicy Brief for Duke University Defendants at 8-15 Brief for Duke SANE Defendants at 16-18 4 Deprivation of Property in Violation of 42 U.S.C. � 1983 5 False Public � Statements in Violation � of 42 U.S.C. � 1983 � Brodhead Burness Steel � Arico Brief for Duke University Defendants at 8-21 CAUSE OF ACTION ALLEGED AGAINST NON-DUKE DEFENDANTS -2- Cause of Action 6 Manufacture of False Inculpatory Evidence & Conspiracy in Violation of 42 U.S.C. � 1983 � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University � � � � � DUHS PDC Arico Levicy Manly Brief for Duke University Defendants at 8-15 Brief for Duke SANE Defendants at 18-20 7 Concealment of Exculpatory Evidence & Conspiracy in Violation of 42 U.S.C. � 1983 � � Duke University Steel � � � � � DUHS PDC Arico Levicy Manly � � � Best Dean Graves Brief for Duke University Defendants at 15 n.8 -3- Cause of Action 8 Interfering with Right [to] Engage in Political Processes in Violation of 42 U.S.C. � 1983 and Conspiracy � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Burness Steel Brief for Duke University Defendants at 8-15, 21-22 Note: This Cause of Action is also alleged against "Unknown Duke Employees, in Their Individual and Official Capacities" 9 Retaliation in Violation � of 42 U.S.C. � 1983 � and Conspiracy � � � � � Duke University Brodhead Burness Dawkins Lange Steel Trask � � DUHS PDC � � � � � � � � � � Best Cooper Dean Fleming Garber Graves Humphries Schwab Smith Stotsenberg Brief for Duke University Defendants at 8-15, 22-24 -4- Cause of Action 10 Deprivation of the Privileges and Immunities of North Carolina Citizens in Violation of 42 U.S.C. � 1983 � � � � � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Bryan Burness Dawkins Drummond Dzau Haltom Lange Moneta Steel Trask Wasiolek � � � � � DUHS PDC Arico Levicy Manly � � � � � � � � � � � Duke University Police Department Best Cooper Dean Fleming Garber Graves Humphries Schwab Smith Stotsenberg Brief for Duke University Defendants at 8-15, 24-26 -5- Cause of Action 11 Failure to Prevent Deprivation of Constitutional Rights in Violation of 42 U.S.C. � 1983 � � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Burness Dawkins Dzau Haltom Lange Moneta Steel Trask � � � � � � � � � � � Duke University Police Department Best Cooper Dean Fleming Garber Graves Humphries Schwab Smith Stotsenberg Brief for Duke University Defendants at 8-15 Brief for Duke Police Defendants at 31-34 12 Monell Liability for Violations of 42 U.S.C. � 1983 � Duke University Brief for Duke University Defendants at 8-15, 26-31 Brief for Duke Police Defendants at 32 n.22 -6- Cause of Action 13 Supervisory Liability for Violations of 42 U.S.C. � 1983 � � � � � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Bryan Burness Dawkins Drummond Dzau Haltom Lange Moneta Steel Trask Wasiolek � � � � � � � � Best Cooper Dean Fleming Garber Graves Humphries Schwab Brief for Duke University Defendants at 8-15, 31-32 14 Failure to Train in Violation of 42 U.S.C. � 1983 � Duke University Brief for Duke University Defendants at 15 n.8 -7- Cause of Action 15 Conspiracy in Violation of 42 U.S.C. � 1983 � � � � � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Bryan Burness Dawkins Drummond Dzau Haltom Lange Moneta Steel Trask Wasiolek � � � � � DUHS PDC Arico Levicy Manly � � � � � � � � � � � Duke University Police Department Best Cooper Dean Fleming Garber Graves Humphries Schwab Smith Stotsenberg Brief for Duke University Defendants at 12 n.6 & 8-40 Brief for Duke SANE Defendants at 8-20 Brief for Duke Police Defendants at 31-34 16 Conspiracy in Violation of 42 U.S.C. � 1985 � � � � � � � � � � Duke University Brodhead Burness Dawkins Dzau Haltom Lange Moneta Steel Trask � � � � � DUHS PDC Arico Levicy Manly � � � � � � � � � Graves Best Cooper Dean Fleming Garber Graves Humphries Schwab Brief for Duke University Defendants at 32-39 -8- Cause of Action 17 Failure to Intervene Conspiracy in Violation of 42 U.S.C. � 1986 � � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Burness Dawkins Dzau Haltom Lange Moneta Steel Trask � � � � � DUHS PDC Arico Levicy Manly � � � � � � � � � � � Duke University Police Department Best Cooper Dean Fleming Garber Graves Humphries Schwab Smith Stotsenberg Brief for Duke University Defendants at 39-40 18 Common Law Obstruction of Justice and Conspiracy � � � � � Duke University Brodhead Burness Dzau Steel � � � � � DUHS PDC Arico Levicy Manly Brief for Duke SANE Defendants at 40-45 -9- Cause of Action 19 Common Law Abuse of Process and Conspiracy � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Burness Dzau Haltom Lange Moneta Steel Trask � � � � � DUHS PDC Arico Levicy Manly Brief for Duke SANE Defendants at 45-48 20 Intentional Infliction of � Emotional Distress and � Conspiracy � � � 21 Breach of Contract � � � � � � Duke University Brodhead Bryan Lange Moneta Steel Brief for Duke University Defendants at 40-43 Duke University Brodhead Burness Dzau Steel � � � � � DUHS PDC Arico Levicy Manly Brief for Duke SANE Defendants at 35-40 - 10 - Cause of Action 22 Invasion of Privacy � � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Burness Dawkins Dzau Haltom Lange Moneta Steel Trask � � � � � � � � Best Cooper Dean Fleming Garber Graves Humphries Schwab Brief for Duke Police Defendants at 22-29 23 Breach of Fiduciary Duty & Aiding and Abetting � � � � � � Duke University Bryan Dawkins Drummond Moneta Steel Brief for Duke University Defendants at 43-46 24 Fraud � � Duke University Drummond � � � Dean Graves Smith Brief for Duke Police Defendants at 29-31 - 11 - Cause of Action 25 Negligence (Durham Police) 26 Negligent Hiring, Retention, Supervision, Training, & Discipline (Durham Police) 27 Negligent Infliction of Emotional Distress (Durham PD) 28 Negligent Infliction of Emotional Distress 29 Negligence (Duke Police) � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed CAUSE OF ACTION ALLEGED AGAINST NON-DUKE DEFENDANTS CAUSE OF ACTION ALLEGED AGAINST NON-DUKE DEFENDANTS CAUSE OF ACTION ALLEGED AGAINST NON-DUKE DEFENDANTS CAUSE OF ACTION ALLEGED AGAINST NON-DUKE DEFENDANTS Duke University � Duke University Police Department Brief for Duke Police Defendants at 7-13 - 12 - Cause of Action 30 Negligence (Duke) � � � � � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Bryan Burness Dawkins Drummond Dzau Haltom Lange Moneta Steel Trask Wasiolek � � � � � DUHS PDC Arico Levicy Manly � � � � � � � � � � � Duke University Police Department Best Cooper Dean Fleming Garber Graves Humphries Schwab Smith Stotsenberg Brief for Duke University Defendants at 47-50 31 Negligence (SANE) � � Duke University Dzau � � � � � DUHS PDC Arico Levicy Manly Brief for Duke SANE Defendants at 20-27, 31-34 - 13 - Cause of Action 32 Negligent Hiring, � Retention, Supervision, Training, & Discipline (SANE) Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University � � � � DUHS PDC Arico Manly Brief for Duke SANE Defendants at 20-28, 31-34 33 Negligent Infliction of Emotional Distress (SANE) � Duke University � � � � � DUHS PDC Arico Levicy Manly Brief for Duke SANE Defendants at 20-34 34 Negligence (DNASI) 35 Negligent Supervision, Hiring, Training, Discipline, and Retention (DNASI) CAUSE OF ACTION ALLEGED AGAINST NON-DUKE DEFENDANTS CAUSE OF ACTION ALLEGED AGAINST NON-DUKE DEFENDANTS - 14 - Cause of Action 36 Negligent Infliction of Emotional Distress (DNASI) 37 Negligence (Duke Police) � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed CAUSE OF ACTION ALLEGED AGAINST NON-DUKE DEFENDANTS Duke University � � � Best Smith Stotsenberg Brief for Duke Police Defendants at 7-10, 13-16 Note: Duke Police Officers Mazurek, Day, Eason, and Falcon are named in the caption to this Cause of Action (p. 417) but are not named as Defendants in the Complaint 38 Negligent Supervision (Duke Police) � � � � Duke University Brodhead Dawkins Trask � � � � � � � � Best Cooper Dean Fleming Garber Graves Humphries Schwab Brief for Duke Police Defendants at 7-10, 16-18 - 15 - Cause of Action 39 Negligent Infliction of Emotional Distress (Duke Police) � � � � � � � � � � Duke University Defendants Duke SANE Defendants Duke Police Defendants Brief In Which Cause of Action is Addressed Duke University Brodhead Burness Dawkins Dzau Haltom Lange Moneta Steel Trask � � � � � � � Best Cooper Dean Fleming Graves Humphries Smith Brief for Duke Police Defendants at 7-10, 18-20 40 Negligent Entrustment (Duke Police) � � � � Duke University Brodhead Dawkins Trask � � � � � � � � � Duke University Police Department Best Cooper Dean Fleming Garber Graves Humphries Schwab Brief for Duke Police Defendants at 7-10, 20-22 - 16 -

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