The Herald-Sun reports that the 4th Circuit has scheduled oral arguments for sometime in the third week of September for Durham's appeal in the civil suits. Durham is claiming that governmental immunity means that the lawsuit must be dismissed before any discovery occurs--a precedent that would be comforting for all city governments intent on engaging in a conspiracy to bring false charges against innocent people.
It's worth reiterating exactly what's under appeal here: there hasn't even been any discovery in a civil suit that was filed years ago. With the only on-point precedent a case from a district court outside of the 4th Circuit, Judge Beaty allowed Durham (and also all claims against Duke involving former SANE-nurse-in-training Tara Levicy) to be deferred until the 4th Circuit acts. So even if the appeals court decides against Durham, this decision almost certainly won't come before early 2013, and then the lengthy discovery process will commence.
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5 comments:
Judge Beaty's decisions (or lack thereof) IMHO are simply another example of how difficult it is for
ordinary citizens to try and get redress from their government...
Look into the relationship between the previous Duke Board Chair of trustees, Mr Daniel T Blue, Duke Law '73, and the only African American Judge sitting on the North Carolina Federal Bench, James Beaty. North Carolina Politics(Democrate Party) has very strange bed fellows. Mr. Blue was appointed in anticipation of the selection of judges , and his record of alumni giving is virtually nill vs Robert K Steel or Rick Wagoner the 2 before and after Board Chairs! Most of the adjudication including the 75% of the discovery information pertaining to the Duke side of litigation is sitting in the 4th circuit. Dean Sue was deposed in the spring and pleaded lack of memory, as the events being more than 6 years past are fading and without corroborating emails... etc. Duke is very successful in the wasted endowment $millions spent in legal expenses to protect the failed egos of '06 trustees Alan D Schwartz(Bear Sterns), Rick Wagoner(General Motors), Roy Bostock(Yahoo), John Mack(Morgan Stanley), Robert Steel(Goldman Sachs, Under Secretary of Treasury, Wachovia).
Is Beaty a Communist?
Delay is the name of the game. Who wants the roof to cave in on their watch?
Beaty is an Obstructionist!
What happened to the "Rocket Docket" in federal court? The judge's decision to waylay discovery -- especially as it would help the plaintiffs fight off the defendants' motions -- is disturbing. The fact that the judge has allowed discovery to stagnate so long that "memories are fading" is even worse.
What I suspect is that memories aren't as faded as Duke witnesses would have you believe, but the judge's rulings give cover to this bit of fiction. MOO! Gregory
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