Today, the 4th Circuit decided cases involving the Duke Lacrosse scandal involving suits against Durham, NC and various of its officers as well as others. The gist of the decision is that the police do not have liability for participating in a conspiracy with the prosecutor because the police did not lie or otherwise push the prosecutor to bring false indictments against the Plaintiffs. Similarly, there were insufficient allegations of facts to impose supervisory liability against various Durham officials or respondeat superior liability against the city. The concluded that there were sufficient allegations to prevent it from dismissing state constitutional law claims under pendant jurisdiction, so it declined to exercise that jurisdiction. Most of you will recall the facts of this case, the legal discussion is quite interesting and my old friend Judge Motz does a very thorough job analyzing the law. The case is Evans v. Chalmers. Evans v. Chalmers Chuck
Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
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