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Evans V. Chalmers, 703 F.3D 636 Client/Matter: -None- Search Terms: Evans V User Name: Kimberly Rehberg Date and Time: Sunday, January 21, 2018 4:24:00 PM EST Job Number: 59852254 Document (1) 1. Evans v. Chalmers, 703 F.3d 636 Client/Matter: -None- Search Terms: Evans v. Chalmers, 703 F.3d 636 Search Type: Natural Language Narrowed by: Content Type Narrowed by Cases -None- | About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2018 LexisNexis Kimberly Rehberg Caution As of: January 21, 2018 9:24 PM Z Evans v. Chalmers United States Court of Appeals for the Fourth Circuit September 18, 2012, Argued; December 17, 2012, Decided No. 11-1436, No. 11-1438, No. 11-1453, No. 11-1458, No. 11-1460, No. 11-1465 Reporter 703 F.3d 636 *; 2012 U.S. App. LEXIS 25660 ** STEVEN CHALMERS; RONALD HODGE; LEE RUSS; DAVID F. EVANS; COLLIN FINNERTY; READE BEVERLY COUNCIL; JEFF LAMB; MICHAEL SELIGMANN, Plaintiffs-Appellees, v. STEVEN W. RIPBERGER, Defendants-Appellants, and DUKE CHALMERS; BEVERLY COUNCIL; RONALD HODGE; UNIVERSITY; DUKE UNIVERSITY HEALTH JEFF LAMB; MICHAEL RIPBERGER; LEE RUSS; SYSTEMS, INCORPORATED; RICHARD BRODHEAD; PATRICK BAKER, Defendants-Appellants, and CITY PETER LANGE; LARRY MONETA; JOHN BURNESS; OF DURHAM, NORTH CAROLINA; MARK GOTTLIEB; TALLMAN TRASK; SUZANNE WASIOLEK; MATTHEW BENJAMIN HIMAN; DAVID ADDISON; MICHAEL DRUMMOND; AARON GRAVES; ROBERT DEAN; NIFONG; LINWOOD WILSON; STEPHEN MIHAICH; TARA LEVICY; THERESA ARICO; J. WESLEY DNA SECURITY, INCORPORATED; RICHARD COVINGTON; KATE HENDRICKS; VICTOR DZAU; CLARK; BRIAN MEEHAN, Defendants.DAVID F. CITY OF DURHAM; LINWOOD WILSON; MARK EVANS; COLLIN FINNERTY; READE SELIGMANN, GOTTLIEB; BENJAMIN HIMAN; STEPHEN MIHAICH; Plaintiffs-Appellees, v. CITY OF DURHAM, NORTH DAVID ADDISON; MARSHA COVINGTON, Executrix of CAROLINA; MARK GOTTLIEB; BENJAMIN HIMAN; the Estate of John Wesley Covington, DAVID ADDISON, Defendants-Appellants, and Defendants.RYAN MCFADYEN; MATTHEW WILSON; MICHAEL NIFONG; LINWOOD WILSON; STEVEN W. BRECK ARCHER, Plaintiffs-Appellees, v. PATRICK CHALMERS; BEVERLY COUNCIL; RONALD HODGE; BAKER; STEVEN CHALMERS; RONALD HODGE; LEE JEFF LAMB; STEPHEN MIHAICH; MICHAEL RUSS; BEVERLY COUNCIL; JEFF LAMB; MICHAEL RIPBERGER; LEE RUSS; DNA SECURITY, RIPBERGER, Defendants-Appellants, and DUKE INCORPORATED; RICHARD CLARK; BRIAN UNIVERSITY; DUKE UNIVERSITY POLICE MEEHAN; PATRICK BAKER, Defendants.EDWARD DEPARTMENT; AARON GRAVES; ROBERT DEAN; CARRINGTON; CASEY J. CARROLL; MICHAEL P. LEILA HUMPHRIES; PHYLLIS COOPER; WILLIAM F. CATALINO; GALE CATALINO; THOMAS V. CLUTE; GARBER, III; JAMES SCHWAB; JOSEPH FLEMING; KEVIN COLEMAN; JOSHUA R. COVELESKI; JEFFREY O. BEST; GARY N. SMITH; GREG EDWARD J. CROTTY; EDWARD S. DOUGLAS; KYLE STOTSENBERG; ROBERT K. STEEL; RICHARD H. DOWD; PATRICIA DOWD; DANIEL FLANNERY; BRODHEAD, Ph. D.; PETER LANGE, Ph. D.; RICHARD GIBBS FOGARTY; ZACHARY GREER; TALLMAN TRASK, III, Ph. D.; JOHN BURNESS; IRENE GREER; ERIK S. HENKELMAN; STEVEN W. LARRY MONETA, Ed. D.; DUKE UNIVERSITY HENKELMAN; JOHN E. JENNISON; BEN HEALTH SYSTEMS, INCORPORATED; PRIVATE KOESTERER; MARK KOESTERER; JOYCE DIAGNOSTIC CLINIC, PLLC; JULIE MANLY, MD; KOESTERER; FRED KROM; PETER J. LAMADE; THERESA ARICO, R. N.; TARA LEVICY, R. N.; THE ADAM LANGLEY; CHRISTOPHER LOFTUS; DANIEL CITY OF DURHAM, NORTH CAROLINA; MICHAEL LOFTUS; BARBARA LOFTUS; ANTHONY MCDEVITT; NIFONG; STEPHEN MIHAICH; EDWARD SARVIS; GLENN NICK; NICHOLAS O'HARA; LYNNDA O'HARA; LAIRD EVANS; JAMES T. SOUKUP; KAMMIE DANIEL OPPEDISANO; SAM PAYTON; JOHN MICHAEL; DAVID ADDISON; MARK D. GOTTLIEB; BRADLEY ROSS; KENNETH SAUER, III; STEVE BENJAMIN W. HIMAN; LINWOOD WILSON; RICHARD SCHOEFFEL; ROBERT SCHROEDER; DEVON D. CLAYTON; DNA SECURITY, INCORPORATED; SHERWOOD; DANIEL THEODORIDIS; BRET RICHARD CLARK; BRIAN MEEHAN, Ph. D.; VICTOR THOMPSON; CHRISTOPHER TKAC; TRACY TKAC; J. DZAU, MD; ALLISON HALTON; KEMEL DAWKINS; JOHN WALSH, JR.; MICHAEL WARD; ROBERT SUZANNE WASIOLEK; STEPHEN BRYAN; MATTHEW WELLINGTON, IV; WILLIAM WOLCOTT; MICHAEL DRUMMOND; DUKE POLICE DEFENDANTS, YOUNG, Plaintiffs-Appellees, v. PATRICK BAKER; Kimberly Rehberg Page 2 of 26 703 F.3d 636, *636; 2012 U.S. App. LEXIS 25660, **25660 Defendants.RYAN MCFADYEN; MATTHEW WILSON; UNIVERSITY HEALTH SYSTEMS, INCORPORATED; BRECK ARCHER, Plaintiffs-Appellees, v. THE CITY OF RICHARD BRODHEAD; PETER LANGE; LARRY DURHAM, NORTH CAROLINA; DAVID ADDISON; MONETA; JOHN BURNESS; TALLMAN TRASK; MARK GOTTLIEB; BEJAMIN HIMAN, Defendants- SUZANNE WASIOLEK; MATTHEW DRUMMOND; Appellants, and DUKE UNIVERSITY; DUKE AARON GRAVES; ROBERT DEAN; TARA LEVICY; UNIVERSITY POLICE DEPARTMENT; AARON THERESA ARICO; J. WESLEY COVINGTON; KATE GRAVES; ROBERT DEAN; LEILA HUMPHRIES; HENDRICKS; VICTOR J. DZAU; LINWOOD WILSON; PHYLLIS COOPER; WILLIAM F. GARBER, II; JAMES STEPHEN MIHAICH; MARSHA COVINGTON, SCHWAB; JOSEPH FLEMING; JEFFREY O. BEST; Executrix of the Estate of John Wesley Covington, GARY N. SMITH; GREG STOTSENBERG; ROBERT K. Defendants. STEEL; RICHARD H. BRODHEAD, Ph. D.; PETER LANGE, Ph. D.; TALLMAN TRASK, III, Ph. D.; JOHN Subsequent History: US Supreme Court certiorari BURNESS; LARRY MONETA, Ed. D.; DUKE denied by Evans v. City of Durham, 134 S. Ct. 98, 187 UNIVERSITY HEALTH SYSTEMS, INCORPORATED; L. Ed. 2d 33, 2013 U.S. LEXIS 5296 (U.S., 2013) PRIVATE DIAGNOSTIC CLINIC, PLLC; JULIE MANLY, US Supreme Court certiorari denied by McFadyen v. MD; THERESA ARICO, R. N.; TARA LEVICY, R. N.; City of Durham, 134 S. Ct. 617, 187 L. Ed. 2d 409, 2013 MICHAEL NIFONG; STEPHEN MIHAICH; EDWARD U.S. LEXIS 8076 (U.S., 2013) SARVIS; LAIRD EVANS; JAMES T. SOUKUP; KAMMIE MICHAEL; LINWOOD WILSON; RICHARD D. Subsequent appeal at, Appeal dismissed by McFadyen CLAYTON; DNA SECURITY, INCORPORATED; v. Wilson, 2014 U.S. App. LEXIS 21190 (4th Cir. N.C., RICHARD CLARK; BRIAN MEEHAN, Ph. D.; VICTOR Nov. 4, 2014) J. DZAU, MD; ALLISON HALTON; KEMEL DAWKINS; SUZANNE WASIOLEK; STEPHEN BRYAN; MATTHEW Prior History: [**1] Appeals from the United States DRUMMOND; DUKE POLICE DEFENDANTS; District Court for the Middle District of North Carolina, at PATRICK BAKER; STEVEN W. CHALMERS; RONALD Durham. (1:07-cv-00739-JAB-WWD; 1:08-cv-00119- HODGE; LEE RUSS; BEVERLY COUNCIL; JEFF JAB-WWD; 1:07-cv-00953-JAB-WWD). James A. LAMB; MICHAEL RIPBERGER, Defendants.EVANS v. Beaty, Jr., Chief District Judge. CHALMERS EDWARD CARRINGTON; CASEY J. CARROLL; MICHAEL P. CATALINO; GALE CATALINO; THOMAS V. CLUTE; KEVIN COLEMAN; Carrington v. Duke Univ., 2011 U.S. Dist. LEXIS 156404 JOSHUA R. COVELESKI; EDWARD J. CROTTY; (M.D.N.C., June 9, 2011) EDWARD S. DOUGLAS; KYLE DOWD; PATRICIA Evans v. City of Durham, 2011 U.S. Dist. LEXIS 156711 DOWD; DANIEL FLANNERY; RICHARD GIBBS (M.D.N.C., Mar. 31, 2011) FOGARTY; ZACHARY GREER; IRENE GREER; ERIK McFadyen v. Duke Univ., 786 F. Supp. 2d 887, 2011 S. HENKELMAN; STEVEN W. HENKELMAN; JOHN E. U.S. Dist. LEXIS 34839 (M.D.N.C., 2011) JENNISON; BEN KOESTERER; MARK KOESTERER; JOYCE KOESTERER; FRED KROM; PETER J. Disposition: AFFIRMED IN PART, DISMISSED IN LAMADE; ADAM LANGLEY; CHRISTOPHER LOFTUS; PART, REVERSED IN PART, AND REMANDED. DANIEL LOFTUS; BARBARA LOFTUS; ANTHONY MCDEVITT; GLENN NICK; NICHOLAS O'HARA; Core Terms LYNNDA O'HARA; DANIEL OPPEDISANO; SAM PAYTON; JOHN BRADLEY ROSS; KENNETH SAUER, rape, allegations, indictments, police officer, plaintiffs', III; STEVE SCHOEFFEL; ROBERT SCHROEDER; officers', motion to dismiss, governmental immunity, DEVON SHERWOOD; DANIEL THEODORIDIS; BRET complaints, email, probable cause, lacrosse, THOMPSON; CHRISTOPHER TKAC; TRACY TKAC; investigate, supervisory, laboratory, immunity, district JOHN WALSH, JR.; MICHAEL WARD; ROBERT court, qualified immunity, false statement, plausibly, WELLINGTON, IV; WILLIAM WOLCOTT; MICHAEL conspiracy, City's, team, search warrant, common-law, YOUNG, Plaintiffs-Appellees, v. CITY OF DURHAM; grounds, seizure, waived, sexual assault, corrected MARK GOTTLIEB; BENJAMIN HIMAN; DAVID ADDISON, Defendants-Appellants, and PATRICK Case Summary BAKER; STEVEN CHALMERS; RONALD HODGE; LEE RUSS; BEVERLY COUNCIL; JEFF LAMB; MICHAEL RIPBERGER; DUKE UNIVERSITY; DUKE Kimberly Rehberg Page 3 of 26 703 F.3d 636, *636; 2012 U.S. App. LEXIS 25660, **1 Procedural Posture Criminal Law & Procedure > ... > Standards of Appellants, a city and its officials, challenged decisions Review > De Novo Review > Motions to Dismiss of the United States District Court for the Middle District of North Carolina, which denied in part appellants' HN1[ ] Local Officials, Individual Capacity motions to dismiss or for summary judgment in appellees' actions alleging claims under 42 U.S.C.S. § The court of appeals reviews de novo the denial of a 1983 and state common law. motion to dismiss based on qualified immunity, accepting as true the facts alleged in the complaint and Overview viewing them in the light most favorable to the plaintiff. The appeals arose from allegations that appellants mishandled false rape charges made against members Civil Rights Law > ... > Immunity From of a university lacrosse team. The court held that the Liability > Local Officials > Individual Capacity district court erred in denying two officers' motions to dismiss the § 1983 malicious prosecution claims against HN2[ ] Local Officials, Individual Capacity them because appellees did not allege that the officers either misled or pressured the prosecutor to seek their Qualified immunity protects government officials from indictments. Although the officers' non-testimonial order suit for damages when their conduct does not violate a affidavits pursuant to N.C. Gen. Stat. § 15A-273 "clearly established" constitutional right. To escape contained false statements, the corrected affidavits dismissal
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