Full opinion text
MEMORANDUM OPINION JAMES A. BEATY, District Judge. This case involves 41 claims set out in an exhaustive 428-page Second Amended Complaint [Doc. # 136] by Plaintiffs Ryan McFadyen (“McFadyen”), Matthew Wilson (“M. Wilson”), and Breck Archer (“Archer”) against Defendants Duke University (“Duke”), the Duke University Police Department (“Duke Police”), Duke University Associate Vice President for Campus Safety and Security Aaron Graves (“Graves”), Director and Chief of the Duke Police Department Robert Dean (“Dean”), Duke Police Assistant Police Chief Leila Humphries (“Humphries”), Duke Police Major Phyllis Cooper (“Cooper”), Duke Police Medical Center Affairs Manager William F. Garber, II (“Garber”), Duke Police Major James Schwab (“Schwab”), Duke Police Lieutenant Joseph Fleming (“Fleming”), Duke Police Lieutenant Jeffrey O. Best (“Best”), Duke Police First Sergeant Gary N. Smith (“Smith”), Duke Police First Sergeant Greg Stotsenberg (“Stotsenberg”), Chairman of the Executive Committee of the Duke Board of Trustees Robert K. Steel (“Steel”), Duke President Richard H. Brodhead (“Brodhead”), Duke Provost Peter Lange (“Lange”), Duke Executive Vice President Tallman Trask, III (“Trask”), Duke Senior Vice President for Public Affairs and Government Relations John Burness (“Burness”), Duke Vice President for Student Affairs Larry Moneta (“Moneta”), Duke Chancellor for Health Affairs and President and Chief Executive Officer of Duke University Health Systems, Inc. Victor J. Dzau (“Dzau”), Duke Secretary Allison Haltom (“Haltom”), Duke Vice President for Campus Services Kernel Dawkins (“Dawkins”), Duke Assistant Vice President for Student Affairs and Dean of Students Suzanne Wasiolek (“Wasiolek”), Duke Associate Dean of Students and Director of Judicial Affairs Stephen Bryan (“Bryan”), Duke Auxiliary Services Senior Manager IT and Head of the Duke Card Office Matthew Drummond (“Drummond”), Duke University Health Systems, Inc. (“Duke Health”), Private Diagnostic Clinic, PLLC (“Private Diagnostic”), Duke Health Dr. Julie Manly (“Manly”), Duke Health Nurse Theresa Arico (“Arico”), Duke Health Nurse Tara Levicy (“Levicy”), the City of Durham (“the City”), former District Attorney Michael B. Nifong (“Nifong”), Durham City Manager Patrick Baker (“Baker”), Durham Chief of Police Steven Chalmers (“Chalmers”), Durham Deputy Chief of Police Ronald Hodge (“Hodge”), Executive Officer to the Durham Chief of Police Lee Russ (“Russ”), Durham Police Commander of Investigative Services Stephen Mihaich (“Mihaich”), Durham Police Uniform Patrol Bureau Commander Beverly Council (“Council”), Durham Police Patrol District Two Commander Jeff Lamb (“Lamb”), Durham Police Department District Two Lieutenant Michael Ripberger (“Ripberger”), Durham Police Department District Two Sergeant Laird Evans (“Evans”), Director of the Durham Emergency Communications Center James T. Soukup (“Soukup”), Durham Police Public Relations Coordinator and Public Information Officer Kammie Michael (“Michael”), Durham Police Department CrimeStoppers Coordinator David W. Addison (“Addison”), Durham Police Department District Two Sergeant Mark D. Gottlieb (“Gottlieb”), Durham Police Department Investigator Benjamin W. Himan (“Himan”), District Attorney’s Office Investigator Linwood Wilson (“Wilson”), Durham Police Department District Two Patrol Officer Richard D. Clayton (“Clayton”), DNA Security, Inc. (“DSI”), DSI President Richard Clark (“Clark”), and DSI Lab Director Brian Meehan (“Meehan”). Defendants have collectively filed multiple, separate Motions to Dismiss, that is, a Motion to Dismiss by Defendant Meehan [Doc. # 174], a Motion to Dismiss by Defendants Soukup, Michael, Addison and Clayton [Doc. # 169], a Motion to Dismiss by Defendant Linwood Wilson [Doc. # 167], a Motion to Dismiss by Defendants Duke, Brodhead, Bryan, Burness, Dawkins, Drummond, Dzau, Graves, Hal-tom, Lange, Moneta, Steel, Trask, and Wasiolek (collectively, the “Duke University Defendants”) [Doc. # 175], a Motion to Dismiss by Defendants Duke Health, Private Diagnostic, Arico, Levicy, and Manly (collectively, the “Duke SANE Defendants”) [Doc. # 177], a Motion to Dismiss by Duke Police, Best, Cooper, Dean, Fleming, Garber, Humphries, Schwab, Smith, and Stotsenberg (collectively, the “Duke Police Defendants”) [Doc. # 176], a Motion to Dismiss by Defendant Himan [Doc. # 171], a Motion to Dismiss by Defendant Gottlieb [Doc. # 168], a Motion to Dismiss by Defendants Baker, Chalmers, Russ, Mihaich, Council, Lamb, Ripberger, Evans, and Hodge [Doc. # 170], a Motion to Dismiss by Defendants DSI and Clark [Doc. # 173], and a Motion to Dismiss by the City [Doc. # 179]. Defendants previously filed various Motions to Dismiss with respect to Plaintiffs’ First Amended Complaint, but those Motions to Dismiss were rendered moot by the filing of Plaintiffs’ Second Amended Complaint on February 23, 2010. In their present Motions to Dismiss the parties have incorporated the prior briefing filed in connection with the original Motions to Dismiss and, as appropriate, have added additional briefing with respect to new matters raised in the Second Amended Complaint. The new Motions to Dismiss with respect to the Second Amended Complaint were referred to the Court for determination on May 4, 2010, and are addressed in this Memorandum Opinion. I. FACTUAL BACKGROUND This case arises out of the investigation of members of the Duke University men’s lacrosse team on charges of rape, sexual assault, and kidnapping. The Plaintiffs here are three members of the lacrosse team who were subject to a Non-Testimonial Order (“NTO”) but who were not indicted in that investigation (the “Plaintiffs”). The Court here sets out the facts as alleged in the Second Amended Complaint, which the Court is required to accept as true for purposes of the present Motions to Dismiss. On the evening of March 13, 2006, members of the lacrosse team hosted a party at a residence at 610 N. Buchanan Avenue. The residence was owned by Duke and rented by members of the lacrosse team, and was located in a neighborhood adjacent to Duke’s campus. Two dancers were hired to perform at the party, and the first dancer, Kim Pittman, arrived at 11:15 p.m. The second dancer, Crystal Mangum, arrived at 11:40 p.m. but was “dazed and stumbling.” (Second Am. Compl. ¶ 197). Plaintiffs allege that witnesses saw the dancers plan their routine outside of the residence and then enter the residence at midnight, which was corroborated by pictures taken at that time. When the performance began, Mangum was “incapable of dancing in any fashion,” fell as she took off her shoes, and “was speaking unintelligibly.” (Second Am. Compl. ¶ 201). The dance ended within four minutes and the dancers left the living room without objection from the guests. Mangum left her shoe on the living room floor. By 12:30, Mangum was observed outside the residence “apparently locked out” and “saying she lost her shoe.” (Second Am. Compl. ¶ 205-206). Plaintiffs allege that pictures showed Mangum smiling, but stumbling around the backyard, and a picture taken at 12:41 showed Mangum being assisted into Pittman’s car before Pittman drove away. Plaintiffs allege that as she drove off, “Pittman made a derogatory racial remark and received one in turn.” (Second Am. Compl. ¶ 215). Pittman “made a show of calling the police” and reporting the incident and directing police to 610 N. Buchanan, although Plaintiffs contend that “[i]t was plainly obvious from the 911 call itself that the call was a poorly veiled ruse.” (Second Am. Compl. ¶ 216, 218). Durham Police Sergeant Shelton responded to the call but found no one there. Plaintiffs contend that, the remaining guests had left based on prior incidents in which students were charged by police regardless of whether any actual offense had been committed, as discussed in greater detail below. Pittman subsequently drove to a 24-hour grocery store to find a security guard to help get Mangum out of her car. The security guard, Angel Altmon, was unable to coax Mangum out of the car and called 911 for assistance. Plaintiffs allege that Sgt. Shelton and Officer Barfield arrived, and Pittman admitted to them that she had placed the “prank 911 call” reporting a racial epithet at 610 N. Buchanan. (Second Am. Compl. ¶ 230). Sgt. Shelton approached Mangum but she was in the car feigning unconsciousness. Plaintiffs allege that “Sgt. Shelton suspected a ruse, so he broke open an ammonia capsule under Mangum’s nose, and Mangum began mouth-breathing, confirming his suspicions.” (Second Am. Compl. ¶ 232). Sgt. Shelton tried to pull Mangum out of the car, but she grabbed the parking break and Sgt. Shelton had to apply significant force to get Mangum to let go. Plaintiffs allege that “[w]hen Sgt. Shelton finally got Mangum out of the car, Mangum resumed feigning unconsciousness.” (Second Am. Compl. ¶ 233). Plaintiffs allege that Sgt. Shelton interpreted her behavior as a product of drug or alcohol impairment and decided to take her to the Durham County Jail to be detained until she sobered up. Mangum was placed in Officer Barfield’s car, and Officer Barfield told the Durham Emergency Communications Center (“DECC”) that “She’s breathing, appears to be fine. She’s not in distress. She’s just passed out drunk.” (Second Am. Compl. ¶235). However, Plaintiffs allege that Sgt. Shelton soon concluded that Mangum was showing signs and symptoms of severe mental illness and concluded that she was in need of immediate psychiatric assistance. However, Plaintiffs allege that the dispatch audio recordings relating to Mangum’s involuntary commitment “were not released and were later destroyed or secreted by Captain Lamb or upon his direction after Plaintiffs’ defense counsel demanded in writing on May 1, 2006, that the recordings be produced and/or preserved.” (Second Am. Compl. ¶ 238). Plaintiffs contend that after the decision was made to initiate involuntary commitment proceedings at the Durham Access Center, Mangum overheard a radio exchange between officers in which one officer reported that Mangum had two young children at home, and the responding officer directed a police unit to go to Man-gum’s house to check on the children, and, if there was no adult supervision there, to call Department of Social Services. Plaintiffs contend that during the intake proceedings at the Durham Access Center, a nurse asked Mangum if she was raped and Mangum nodded “yes”, thus “extracting] herself from the involuntary commitment proceedings, and sparing] herself the possibility of being separated from her children.” (Second Am. Compl. ¶ 252). Plaintiffs contend that the intake nurse “thought Mangum’s bizarre behavior was consistent with fractured thinking, and a break with reality.” (Second Am. Compl. ¶ 253). Officer Barfield then transported Mangum to the Duke University Medical Center (“DUMC”) Emergency Department for a sexual assault examination. Plaintiffs allege that during that ride, Mangum did not provide any other information regarding her sexual assault claim, but did provide Officer Barfield with a detailed description of the property she claimed was stolen by Pittman: “her money ($2,000), her ID, her cell phone, and her bag.” (Second Am. Compl. ¶ 255). Plaintiffs contend that the Defendants were aware of all of this information and “agreed to conceal the evidence of the events at the Durham Center Access on March 14th, knowing their obvious relevanee to Mangum’s credibility.” (Second Am. Compl. ¶ 259). Plaintiffs allege that when Mangum arrived at DUMC, Sgt. Shelton questioned Mangum about her rape claim. At that time, Mangum recanted the rape claim, but insisted that her money had been taken. However, “[a]s Sgt. Shelton was reporting that Mangum had recanted her rape claim to his Watch Commander, someone advised him that Mangum was now claiming she was raped again.” (Second Am. Compl. ¶ 263). Plaintiffs contend that the audio recording of Sgt. Shelton reporting that Mangum had recanted “was erased by City of Durham Defendants” after Plaintiffs’ defense counsel had requested that all audio recordings be preserved. (Second Am. Compl. ¶ 264). Plaintiffs allege that Mangum then gave wildly varying accounts of the rape. Man-gum was next interviewed by Durham Officer Gwen Sutton, and Plaintiffs allege that Sutton knew that Mangum was lying. During the course of the interviews, Man-gum claimed that she had performed at a bachelor party at “610 N. Buchanan” and Sgt. Shelton thereafter established that Mangum and Pittman had both “worked at the address Pittman complained of in her 911 call: 610 N. Buchanan.” (Second Am. Compl. ¶268, 273). Plaintiffs allege that “[a]s such, the investigation of Mangum’s false allegations fell within the Duke Police Department’s jurisdiction” and Duke Police Lt. Best was dispatched to DUMC to initiate the investigation for Duke Police. (Second Am. Compl. ¶ 273-274). A “transfer briefing” took place between Durham Police and Duke Police at a loading dock of DUMC shortly after 3:08 a.m. on March 14, 2006. The transfer briefing included Duke Police Major Schwab and “all of the supervisors.” (Second Am. Compl. ¶ 277-279). In addition, Plaintiffs allege that the Duke Officer in Charge at DUMC responded to the Emergency Department, and from his observations, concluded that Mangum was “faking,” which he reported to Lt. Best. Lt. Best instructed Officer Day and others to go to 610 N. Buchanan to make contact with the occupants, and after leaving 610 N. Buchanan, Officer Day returned to the Emergency Department to assist Lt. Best. While there “Officer Day took a full report of the findings of the Durham Police investigation up to that point” including that involuntary commitment proceedings had been underway, that Mangum had given several conflicting accounts and had recanted her claims, and that “Durham Police decided that the rape investigation should not be pursued any further, leaving open only the possibility of misdemeanors arising out of Mangum’s claim that Pittman stole her money, ID, cell phone, and purse.” (Second Am. Compl. ¶ 285). Lt. Best was also advised that the 911 call reporting a racial epithet at 610 N. Buchanan was a ruse made by Pittman. Plaintiffs allege that “[s]ome, but not all, of these findings were included in Officer Day’s written report” which was submitted that same morning and was reviewed and approved by Duke Police supervisors Dean and Best and by Duke Police Investigator Smith. (Second Am. Compl. ¶ 287). Duke Police Chief Robert Dean notified Dean Wasiolek of the allegations and advised that Mangum “‘kept changing her story and was not credible,’ ” which was a synopsis from Officer Day’s report. (Second Am. Compl. ¶ 288). However, Plaintiffs allege that Officer Day’s report was subsequently “buried” and that when the existence of the report was later revealed, “Duke Police and Durham Police agreed to misrepresent what transpired on the loading dock of the E.D. and told reporters that Officer Day was ‘eavesdropping’ on Durham Police, conversations, and had no place in the investigation.” (Second Am. Compl. ¶ 290). Plaintiffs allege that Durham City Manager Baker orchestrated the agreement “and the ensuing media campaign to mislead the public about the Duke Police Department’s role in the case,” and further allege that “Defendants Baker, Graves, Dean, and Burness all participated in the media campaign to impeach Officer Day’s report.” (Second Am. Compl. ¶ 290). Plaintiffs allege that Mangum gave another inconsistent account of events to Investigator Jones at 3:50 a.m., and that over the course of the 11 hours that she was present at DUMC, she never gave a consistent account of events. Plaintiffs also contend that Mangum “revealed a propensity to lie when self-reporting her symptoms with a particular proclivity for reporting pain that did not exist.” (Second Am. Compl. ¶ 293). Plaintiffs contend that all of this information was documented in Mangum’s charts at DUMC. Plaintiffs further allege that Mangum’s Sexual Assault Examination (“SAE” or “Examination”) began approximately 6 hours after she arrived at DUMC. Plaintiffs allege that the Sexual Assault Examination Report was signed by Nurse Levicy, but that Levicy did not perform the actual Examination because she was not qualified or authorized to do so under DUMC policy. Instead, the Examination was performed by Dr. Julie Manly, while Levicy observed and filled in the Report form. Plaintiffs allege that by signing the Report even though she did not perform the examination, Levicy “knowingly created a false and misleading medical record in order to create the false impression that DUMC deemed her qualified and competent to collect and interpret forensic medical evidence.” (Second Am. Compl. ¶ 299). Plaintiffs allege that Levicy’s supervisor, Nurse Arico “knowingly and willfully added credibility to forensic findings that Levicy in fact did not — and could not — ■ make.” (Second Am. Compl. ¶ 300). Plaintiffs also allege that although Dr. Manly began the examination, the examination was not completed because Man-gum protested and insisted that the examination cease. Plaintiffs allege that during the limited examination that was conducted, Dr. Manly found no injury to Man-gum’s pelvic region, and “[t]he only notation Manly made was ‘diffuse edema of the vaginal walls.’ ” (Second Am. Compl. ¶ 306). Plaintiffs allege that other minor injuries were photographed and included in the Report, specifically a scratch on Mangum’s heel and knee, but these injuries can be seen on Mangum’s heel and knee in the photographs taken at the party, and therefore pre-dated her arrival at 610 N. Buchanan. Plaintiffs allege that during her time at DUMC, the medical records consistently noted that she was “ ‘in no obvious discomfort,’ ” even though Mangum reported that her pain was a “ ‘10 out of 10.’ ” (Second Am. Compl. ¶ 309). At the conclusion of the examination, Mangum was discharged, and the evidence was collected, gathered up, and delivered to Duke Police Officer Joyce Sale. Plaintiffs allege that the next day, Man-gum went to UNC hospital claiming intense pain, reporting that she had been sexually assaulted the night before, and seeking prescription pain medication. However, according to Plaintiffs, Man-gum’s medical history at UNC revealed a long history of severe psychological disorders and current medication with an anti-psychotic drug, and also noted that she frequently came to UNC climes for prescription pain medication and she was a “ ‘very high risk’ ” for narcotic abuse. (Second Am. Compl. ¶ 315). Plaintiffs contend that Mangum gave additional inconsistent accounts of the alleged attack while she was at UNC hospital. Based on this unfolding of events, Plaintiffs allege that within 48 hours after Man-gum’s original claim of rape, there was substantial evidence establishing that her claim of rape was not true, including her long psychiatric history, her history of feigning symptoms to obtain pain medication, her inconsistent accounts of the alleged rape, the lack of physical injuries, and all of the circumstances surrounding her sudden claim to avoid involuntary commitment. Plaintiffs contend that given this evidence, “in order to justify continuing the investigation, those facts had to be concealed, and, in addition, new, false evidence would have to be fabricated.” (Second Am. Compl. ¶ 330). Plaintiffs allege that on March 14, 2006, Durham Police Sergeant Gottlieb learned of the rape allegations. Plaintiffs allege that Gottlieb had a well-known history of targeting Duke Students and of violating the constitutional rights of Duke Students, including by engaging in unlawful searches and seizures and fabricating evidence against Duke Students. Plaintiffs allege that upon learning of the rape allegations, Gottlieb contacted Investigator Jones, who advised Gottlieb that Mangum’s claims were false and that she was going to rule the allegations “ ‘unsubstantiated.’ ” (Second Am. Compl. ¶ 333). However, Plaintiffs allege that Gottlieb, who was Jones’ superior in rank, ordered Jones not to close the investigation or make any formal findings, and instead turn the investigation over to him. Plaintiffs allege that Durham Police officer Mihaich had final policymaking authority and/or delegated his final policymaking authority, and that an official with that final policymaking authority had authorized the assignment of the investigation to Gottlieb, thus removing the investigation from the Criminal Investigations Division, in violation of the Department’s orders and procedures. Plaintiffs allege that the “chain of command” for the investigation became the “patrol chain of command,” which was “structurally incompetent to supervise the investigation.” (Second Am. Compl. ¶ 337). Plaintiffs contend that a reasonable policymaker would have known that this assignment would “inexorably lead to deprivations of Plaintiffs’ constitutional rights.” (Second Am. Compl. ¶ 338). Plaintiffs contend that Durham supervisors Mihaich, Baker, Chalmers, Hodge, and other City officials failed to return the case to an experienced investigator. Plaintiffs allege that after assuming control of the investigation, Gottlieb sent an email alert to neighborhood residents on March 15, 2006, informing them that police were “conducting an investigation concerning a rape of a young woman by three males at 610 N. Buchanan,” even though Gottlieb knew that everyone who had interacted with Mangum believed she was lying. (Second Am. Compl. ¶ 342-343). Plaintiffs allege that Gottlieb in his e-mail asserted that the attackers were “three males,” even though Mangum had given inconsistent accounts, because he knew that 610 N. Buchanan was occupied by three Duke Students. (Second Am. Compl. ¶ 343-344). Plaintiffs allege that the next day, on March 16, 2006, Gottlieb assigned the rape case to Investigator Hi-man, who had been an investigator for two months and who had never directly worked with a District Attorney before. Plaintiffs allege that this assignment violated Durham Police Department policy, because the investigation should have been conducted by the Criminal Investigation Division’s Violent Crimes Unit. Plaintiffs contend that on March 15, 2006, Dean Wasiolek informed the captains of the lacrosse team that police were investigating allegations of rape alleged to have occurred at the party, and that they did not need lawyers and should cooperate with police fully. Plaintiffs allege that Duke officials directed Duke Police officers and employees to assist Gottlieb in his investigation, and that Duke Police “delegated their primary supervisory and final policymaking authority with respect to the supervision and conduct of the investigation to Himan,. Gottlieb, [and] Nifong.” (Second Am. Compl. ¶ 354). Plaintiffs allege that this delegation by Duke was “the product of an established policy or custom not to intervene when Duke students’ constitutional rights are being violated.” (Second Am. Compl. ¶ 357). Plaintiffs contend that Gottlieb met with Duke Police Sgt. Smith on March 16, and that Detective Smith “provided a CD containing identification photos of Plaintiffs and their teammates for identification procedures, and also provided them a document entitled ‘Duke PD Report.’ ” (Second Am. Compl. ¶ 360). Plaintiffs allege that Duke also gave Durham Investigators the keys to the residence at 610 N. Buchanan. Plaintiffs allege that Gottlieb and Himan interviewed Mangum on March 16, and during that interview she gave them purported names and descriptions of her alleged attackers. Mangum identified her alleged attackers as white men, and therefore Devon Sherwood, an African-American team member, was eliminated as a plausible suspect. (Second Am. Compl. ¶ 363). Mangum was presented with photo arrays of team members, including the three Plaintiffs in this case, but Mangum did not identify any of the team members as her “attackers.” Mangum was presented with more photo arrays of players a few days later on March 21, but said that she did not recognize any of them. Based on the evidence gathered as of March 21, Plaintiffs allege that Mangum was not credible, and in any event, she had eliminated all of the members of the lacrosse team as plausible suspects. In addition, Plaintiffs allege that the other dancer, Pittman, spoke with Himan over the telephone on March 20, 2006, and Pittman told Himan that Mangum’s claims were “a crock.” On March 22, 2006, Gottlieb and Himan commanded Pittman to come to the police station and give them a new, written statement. Plaintiffs allege that Pittman completed a written account that did not allow for enough time in which she was not with Mangum for the alleged sexual assault to have occurred. Plaintiffs allege that Pittman was then served with an outstanding warrant for her arrest on a probation violation that posed a high likelihood of revocation. In response, Pittman wrote an addendum to her statement “which transparently fabricated a window of opportunity for a sexual assault to have occurred.” (Second Am. Compl. ¶ 386). Plaintiffs contend that Gottlieb and Hi-man “deliberately avoided taking investigative steps that would have produced even more evidence of Plaintiffs’ innocence,” including failing to interview a neighboring witness who observed Man-gum’s arrival and departure. (Second Am. Compl. ¶ 387-389). Plaintiffs also contend that Gottlieb and Himan failed to undertake a record check that would have revealed that Mangum had previously made a false report of rape, and failed to investigate Mangum’s prior arrest and conviction. Plaintiffs contend that Himan and Gottlieb also failed to confront Mangum with photographs and other contradictory evidence to challenge her claims. Plaintiffs contend that Gottlieb nevertheless continued with the investigation. Plaintiffs allege that Duke Police and Duke Officials agreed to “[d]eliver all 47 team members to Gottlieb and Himan, at a designated location, to be interrogated by Durham Police” as part of a conspiracy between Duke and Durham Investigators to “orchestrate the mass interrogation of uncounseled students.” (Second Am. Compl. ¶ 402-403). Pursuant to the agreement, on March 21, Plaintiffs were instructed to report to the Durham Police Department the next day, March 22, at 3:00 p.m. Plaintiffs contend that they were advised that they did not need lawyers, and Dean Wasiolek did not revise the advice she had previously given to the team, through the captains, not to tell anyone, even their parents. On the evening of March 21, Plaintiffs’ defense counsel spoke with nearly all of the team members, and the team members requested a postponement of the police questioning in order to give them sufficient time to inform their parents of what they were doing. Plaintiffs contend that Duke and the City then each undertook to retaliate against the team members for that decision to postpone the police questioning. Specifically, Plaintiffs allege that Gottlieb and Himan knowingly made false, sensational assertions in an affidavit that they submitted in support of an application for a “Non-Testimonial Identification Order” (“NTO”) and then leaked the NTO and fabricated affidavit to the media in order to subject Plaintiffs to public condemnation. With respect to the affidavit submitted in support of the application for the NTO, Plaintiffs contend that Gottlieb and Himan added fabricated allegations in the affidavit that were attributed to Mangum, but that were false and that did not come from Mangum or any witness, including an allegation that the women were sexually threatened with a broomstick, that the accuser lost several fingernails in the violent struggle, and that team members used each others’ names to disguise their ‘true identity.’ Plaintiffs allege that these allegations “came from Gottlieb’s brain.” (Second Am. Compl. ¶ 418). With regard to the “broomstick,” Plaintiffs allege that Gottlieb twisted information “into a complete fabrication.” (Second Am. Compl. ¶ 422). With regard to the fingernails, Plaintiffs allege that Mangum never claimed to anyone that she lost fingernails in a struggle. Instead, Plaintiffs allege that Mangum told Gottlieb she had “started affixing and painting her false nails” before the party, and that unpainted fingernails and nail polishing and painting accessories were found in Mangum’s purse and in the bathroom at 610 N. Buchanan. (Second Am. Compl. ¶ 424-425). Plaintiffs contend that the false information was provided in the affidavit in support of the NTO application, and in public statements made by Addison as the spokesperson for the Durham Police Department. Plaintiffs contend that the NTO affidavit also falsely claimed that the team members made efforts to conceal their sports affiliation. In addition, Plaintiffs contend that in addition to the fabricated information, the NTO affidavit also failed to reveal that all of the team members had been excluded as plausible suspects based on Mangum’s physical descriptions and inability to identify any alleged attacker in the photo arrays. Plaintiffs allege that Duke Chairman Steel was aware that Mangum’s accusations were false and that Gottlieb “was on a vendetta” and that Addison was “lying publicly about the evidence,” but that Steel determined that it would be “ ‘best for Duke’ if Plaintiffs were tried and convicted on Mangum’s false accusations.” (Second Am. Compl. ¶ 445-53). Plaintiffs contend that Steel, acting through Brodhead, Trask, Burness, and Graves, directed the Duke Police Department to conceal evidence of the prior investigative role of Duke Police officers, to fabricate false and misleading police reports that covered up the Duke Police officers’ personal knowledge of events at DUMC on March 14, and to give false reports about Mangum’s appearance at DUMC to lend credibility to Mangum’s false claims. Plaintiffs also contend that Duke Police “had the power to revoke its delegated authority and/or to intervene” but refused to do so at the direction of Steel. (Second Am. Compl. ¶ 457-458). Plaintiffs allege that Steel and Brodhead created a “Crisis Management Team” consisting of Steel, Brodhead, Lange, Trask, Burness, Moneta, Dzau, and Secretary Haltom. Plaintiffs contend that the Crisis Management Team “allow[ed] the Gottlieb investigation to proceed unabated” and “misled Plaintiffs and the public” into believing that the Duke Police Department had no power or authority to investigate Mangum’s allegations or intervene in the Durham Police investigation. (Second Am. Compl. ¶ 461-465). Plaintiffs allege that Duke Police supervisors similarly “made numerous public statements designed to conceal the fact that Duke Police had the responsibility to investigate Mangum’s claims.” (Second Am. Compl. ¶ 476). Plaintiffs further allege that on March 27, 2006, Duke Police supervisors instructed Duke Police Officers who interacted with or observed Mangum on March 14 to provide Nifong with “bystander witness statements” that “deliberately concealed their exculpatory observations of Mangum during the early morning hours of March 14th” and “[r]eveal[ed] observations of Mangum’s behavior only to the extent that the observations tended to enhance the reliability of Mangum’s claim.” (Second Am. Compl. ¶ 466-467). In addition, Plaintiffs allege that these statements “disavow[ed] any role whatsoever in an investigative capacity” and “[c]onceal[ed] the fact that the investigation was a Duke Police investigation, until Duke abdicated its jurisdictional responsibility.” (Second Am. Compl. ¶ 466-467). With respect to these contentions, Plaintiffs set out specific allegations regarding the reports of Duke Police Officers Mazurek and Falcon. (Second Am. Compl. ¶ 468-472). In addition, Plaintiffs note that Duke Police Officer Day had prepared a report on March 14 that included much of the exculpatory evidence. However, Plaintiffs allege that Officer Day’s original report was not submitted with the “bystander” statements, and that Duke Police instead submitted a “continuation report” that Duke Police supervisors directed Officer Day to write to “deliberately impeach” his own prior report. (Second Am. Compl. ¶ 474-475). With respect to District Attorney Nifong, Plaintiffs allege that Nifong took over the investigation on March 24, 2006, in order to help him win the upcoming election for District Attorney. (Second Am. Compl. ¶ 478^485). Plaintiffs allege that Nifong intended to use the media interest in the case, generated by the allegations in the NTO affidavit, to aid in his election campaign. Plaintiffs allege that Nifong contacted Durham Police Captain Lamb on March 24, as Plaintiffs were arriving at the Forensics Unit pursuant to the NTO, and Lamb agreed to “delegate to Nifong his official policymaking authority over the investigation. Lamb then instructed Gottlieb, Himan, and Ripberger to conduct the investigation only in the manner Nifong directs.” (Second Am. Compl. ¶ 487). Plaintiffs contend that Nifong used the Plaintiffs’ “non-citizen status” to “galvanize public condemnation of the Plaintiffs.” (Second Am. Compl. ¶ 490). Plaintiffs also allege that Nifong began making statements to media representatives regarding the charges, without any factual basis, in order to generate media coverage to assist him in his campaign. Plaintiffs allege that on March 24, Duke Vice President Trask, knowing that the team members were represented by counsel, demanded meetings with team members. Trask met with the team captains and began asking questions. When the captains said that their counsel had advised them not to discuss details of the evening, Trask insisted they answer and “suggested that the conversation was protected from disclosure by a privilege that did not exist.” (Second Am. Compl. ¶ 498). Plaintiffs allege that Trask was attempting to coerce a waiver of the team members’ rights and subvert their right to counsel. Plaintiffs contend that shortly thereafter the administrators who were at that meeting were compelled to tell the police what the team members had told them. (Second Am. Compl. ¶ 499). Plaintiffs contend that in retaliation for their assertion of their First, Fifth, and Fourteenth Amendment rights, the Duke Defendants, Nifong, and the Durham Police Spokesperson Defendants (Addison and Michael) agreed to participate in a media campaign to publicly vilify Plaintiffs and their teammates by falsely asserting that a rape had occurred, that the perpetrators were team members, that all members of the team were involved as principals or accomplices, and that all members of the team were “stonewalling” the police investigation. (Second Am. Compl. ¶ 501). Plaintiffs allege that as part of these media campaign, Nifong made multipile public statements, including false statements that were “not-for-attribution,” as set out in the Second Amended Complaint. (Second Am. Compl. ¶ 501-503, 590). Plaintiffs allege that Durham Police Spokesperson Addison also made numerous false public statements designed to stigmatize Plaintiffs, as set out in the Second Amended Complaint, including in an e-mail flyer. (Second Am. Compl. ¶ 504-517). Plaintiffs contend that the e-mail flyer falsely described the- alleged assault as an established fact and stated that the “[t]he victim was sodomized, raped, assaulted and robbed,” even though Plaintiffs contend that Duke Police knew that there was no evidence of sexual assault. (Second Am. Compl. ¶ 507). Plaintiffs contend that Addison acted with malice, and that all of his statements were made in direct violation of Durham Police Department Orders and Operating Procedures. Plaintiffs contend that Durham supervisors Baker, Chalmers, Russ, and Hodge had final policymaking authority for the City and failed to remedy Addison’s conduct. (Second Am. Compl. ¶ 514^-517). Plaintiffs also allege that under Commander Lamb’s direction, Durham Police and Duke University personnel created a “Wanted” poster using the Plaintiffs’ photographs, that was then disseminated across campus by “Duke University personnel at the direction of Duke University officials, and across the city of Durham at the direction of City of Durham officials by City of Durham personnel.” Plaintiffs contend both that the creation and dissemination was directed by Duke and City officials with “final policymaking authority,” and that Duke and City officials failed to correct the conduct or prevent the violations of Plaintiffs’ rights. (Second Am. Compl. ¶ 521-524). Plaintiffs contend that the publication of the “Wanted” poster was pursuant to a Duke Police and Durham Police policy to create a “poster” and email alert whenever a potentially high-profile crime was reported within the Duke Police Department’s jurisdiction. (Second Am. Compl. ¶ 525-527). Plaintiffs allege that Duke officials also publicly stigmatized Plaintiffs, including in statements made by University Spokesperson Burness in which Burness stated (“not-for-attribution”) that what had actually happened was far worse than what was being reported and that everyone on the team was involved. (Second Am. Compl. ¶ 529-533). Plaintiffs contend that Duke Officials Lange and Brodhead also made statements “bolstering the myth that Plaintiffs had erected a ‘Stonewall of Silence.’ ” (Second Am. Compl. ¶ 534). Plaintiffs contend that Brodhead refused the offer by Plaintiffs’ defense counsel to view the evidence compiled, and that Brodhead also gave “tacit approval of the Faculty’s massive public stigmatization of the Plaintiffs.” (Second Am. Compl. ¶ 538-540). Plaintiffs also allege that on March 25, 2005, Steel directed Brodhead and Athletic Director Joe Alieva to publicly announce that the University had forfeited two lacrosse games as “punishment for the party,” which Plaintiffs contend was part of Steel’s objective to “force a trial and convictions.” (Second Am. Compl. ¶ 528, 541). Plaintiffs allege that Duke faculty members organized a “candlelight vigil” to be held on the lawn of 610 N. Buchanan, which “transformed into a ‘Wake-up Call’ held by largely the same protestors, who surrounded 610 N. Buchanan, banged pots and pans, and shouted at the residents to come out and confess.” (Second Am. Compl. ¶ 544-548). Plaintiffs allege that the protesters included members of the Duke faculty and administration, and that the Duke Police did not intervene. (Second Am. Compl. ¶ 549-551). Plaintiffs also allege that during a class in which they were present, a Duke professor began the lecture by stating that “ ‘[i]t is a fact’ that a rape occurred in the lacrosse house” and that “team members are covering up for their teammates,” and Plaintiffs further allege that they were also presumed guilty by clergy members giving a homily at Duke Chapel. (Second Am. Compl. ¶ 552-554). Plaintiffs contend that Duke University officials failed to correct, discipline, or otherwise respond to “their employees who participated in the public stigmatization of the Plaintiffs.” (Second Am. Compl. ¶ 558). Plaintiffs contend that “Nifong, Michael, Addison, Lamb, Michael, Hodge, and Baker, individually and in concert, fabricated and released to the public false evidence that Plaintiffs were racists and that there was a ‘deep racial motivation’ for the sexual assault they knew did not happen.” (Second Am. Compl. ¶ 566). As part of this contention, Plaintiffs allege that Defendant Soukup delegated his final policy-making authority to Hodge, Addison, and Michael, and that pursuant to that authority, they deleted or destroyed the audio recordings from the early hours of March 14 because the recordings contained the exculpatory, contemporaneous reports of Sgt. Shelton and other officers attending to Mangum. Plaintiffs allege that Soukup approved and ratified this conduct. Plaintiffs further allege that while concealing and destroying those recordings, Durham Police Officer Michael “disseminated and then knowingly misrepresented the source and credibility of Pittman’s 911 call reporting a racial slur at 610 N. Buchanan.” (Second Am. Compl. ¶ 570). Plaintiffs contend that although Durham Police knew the call was from Pittman, they released the call as that of an “unknown, anonymous” caller who was “fearful of a racist mob spilling out of the residence at 610 N. Buchanan earlier in the evening.” (Second Am. Compl. ¶ 573). Plaintiffs allege that Nifong and Durham Police Officer Michael continued to falsely insist that they had not identified the caller, even though Pittman had told Sgt. Shelton and Himan and Gottlieb that she was the one who made the call. Plaintiffs contend that Nifong also made additional public statements focusing on the “racist dimension” of the allegations. (Second Am. Compl. ¶ 575). Plaintiffs contend that following release of the 911 call, Brodhead made a statement denouncing “racism and its hateful language,” and Duke faculty members and clergy also responding to the “racist dimension” of the allegations in ways that Plaintiffs contend were “attempting to stir up racial animus against the Plaintiffs.” (Second Am. Compl. ¶ 581-590). Plaintiffs contend that on March 27, Nifong met with Gottlieb and Himan to review the evidence and realized they did not have evidence to counterbalance the contradictions in Mangum’s story. Plaintiffs allege that Nifong nevertheless continued with the investigation because “he was already committed” based on his statements to the press. (Second Am. Compl. ¶ 593). Nifong instructed Gottlieb and Himan to obtain copies of the e-mails sent by the team members after the party. Plaintiffs allege that “Gottlieb obtained an email written by Ryan McFadyen” and “[wjithin 10 minutes” Gottlieb and Himan were back in Nifong’s office “with a copy of an email exchange that contained [McFadyenJ’s email parody of American Psycho.” (Second Am. Compl. ¶ 594). Plaintiffs allege that Gottlieb, Hi-man, and Nifong discussed the fact that Mangum “did not identify or even recognize [McFadyen] in the March 16th Identification Procedure” but Nifong nevertheless instructed Himan and Gottlieb to obtain a warrant to search McFadyen’s room. (Second Am. Compl. ¶ 595). Plaintiffs allege that “[tjhe point of obtaining the search warrant was not to search for evidence; it was to place [McFadyenJ’s email in a public document, stripped of the reply emails that reveal that [McFadyenJ’s email is a parody.” (Second Am. Compl. ¶ 595). Plaintiffs contend that as part of the search warrant application, Nifong, Himan, and Gottlieb revised their prior NTO affidavit to include the text of McFadyen’s e-mail, with the intent that McFadyen and the other team members would be vilified when the affidavit was provided to the media. Plaintiffs allege that Nifong, Gottlieb, and Himan agreed to falsely include in the warrant application’s Description of Crimes “the assertion that police are investigating a ‘Conspiracy to Commit Murder,’ with strippers as the putative victims.” (Second Am. Compl. ¶ 605). Plaintiffs also allege that Nifong, Gottlieb and Himan “added to the list of ‘items to be seized’ Mangum’s white shoe, described as ‘Property belonging to a 27 y/o B/F victim to include but not limited to a white 6 inch shoe’ ” even though the investigators had already found and seized that shoe over a week earlier. (Second Am. Compl. ¶ 606). Plaintiffs contend that in the affidavit, Gottlieb and Himan added the false allegation that “further interviews showed” that the players “also used numbers when calling for one another across the room again to hide their identities,” but that no witness had told Gottlieb and Himan this and it was another fabrication. (Second Am. Compl. ¶ 609). Plaintiffs allege that Gottlieb, Himan, and Nifong proceeded with the warrant application with a malicious, evil motive and without probable cause. Nifong, Gottlieb, and Himan obtained the search warrant, but the state court judge sealed the warrant application. Plaintiffs contend that “sealing the warrant frustrated its only purpose” and that in executing the warrant, Gottlieb was “in a rage” and destroyed furniture. (Second Am. Compl. ¶ 612-613). Plaintiffs allege that Duke Police Sgt. Smith stood by while Himan and Gottlieb conducted the search. Plaintiffs allege that “[wjhile there, he indicated that he knew the warrant was not supported by probable cause or reasonable suspicion.” (Second Am. Compl. ¶ 614). Plaintiffs contend that Sgt. Smith was aware that Gottlieb and Himan had falsified the material allegations in the Waxrant Affidavit and that there was no probable cause to believe the crimes alleged had been committed, but ‘“txxrned a blind eye’” to the violations of McFadyen’s constitutional rights occurring in his presence. (Second Am. Compl. ¶ 615). Plaintiffs allege that the warrant was unsealed April 5, 2006, and McFadyen was “vilified” as intended by Gottlieb, Himan, and Nifong. (Second Am. Compl. ¶ 616). Plaintiffs allege that on March 27 and 28, the State Bureau of Investigation advised both Nifong and Himan that they had completed the serology tests on the rape kit items and that there was no semen, blood, or saliva on any of them, and that as a result, no further DNA testing would be performed. Plaintiffs allege that in response, Himan and Nifong sent swabs of a four-foot area of the bathroom floor and a towel collected during the search of 610 N. Buchanan. Plaintiffs allege that Himan informed Nifong and the Durham Police supervisors that the SBI lab tests would produce no DNA match. Plaintiffs further allege that Himan spoke with Man-gum about the case and about the negative DNA test results. Plaintiffs contend that prior to this time, Nifong had taken the public position that the DNA tests would “ ‘reveal who the attackers were.’ ” (Second Am. Compl. ¶ 626). On March 29, 2006, a meeting was held between Duke and City officials, including Nifong, Baker, Hodge, Russ, Graves, and Dean. Gottlieb and Himan came to report on the status of the evidence in the investigation. Plaintiffs allege that Gottlieb and Himan failed to take notes or preserve their timeline of the investigation that they prepared for Baker. However, Plaintiffs allege that Nifong, Gottlieb, and Himan reported at the meeting the SBI test results and that they had “no suspects and no evidence that a rape occurred.” (Second Am. Compl. ¶ 631). Plaintiffs contend that after the meeting, the Duke Crisis Management Team (Steel, Brodhead, Lange, Trask, Burness, Moneta, Dzau, and Haltom), Duke Police supervisors (Dawkins, Graves, Dean, Humphries, Cooper, Garber, Schwab, Fleming, and Best) and Durham Police supervisors (Baker, Chalmers, Hodge, Russ, Mihaich, Council, Lamb, Ripberger, Evans, and Soukup) “all were aware of and willfully blind and/or deliberately indifferent to the repeated and ongoing violations of Plaintiffs’ constitutional rights” by Nifong, Himan, Addison, and Michael, and also “willfully refused or failed to acknowledge, receive or seize the overwhelming evidence of innocence that had been amassed in the case.” (Second Am. Compl. ¶ 633). Plaintiffs further allege that the Duke and City officials, acting with deliberate indifference to Plaintiffs’ constitutional rights, and knowing that the Plaintiffs were innocent, directed Nifong and Himan to “act swiftly to charge, prosecute, and convict Plaintiffs and/or their teammates.” (Second Am. Compl. ¶ 634). Plaintiffs contend that “[a]ll appearances of a legitimate investigation were abandoned, and replaced by a conspiracy whose final object was to prosecute and convict Plaintiffs and/or them teammates in the absence of probable cause, reasonable suspicion, or factual possibility for that matter, in violation of Plaintiffs’ constitutional rights,” by stigmatizing Plaintiffs for the purpose of depriving them of a fair and impartial jury, concealing exculpatory evidence, manufacturing inculpatory evidence, abusing legal process, invading Plaintiffs’ financial and educational records, and engaging in “an overarching conspiracy not to intervene among all Defendants who had the power to prevent the wrongs they knew were conspired to be done to Plaintiffs over the course of the next year.” (Second Am. Compl. ¶ 639-640). As the basis for these contentions, Plaintiffs allege first that they were entitled to the SBI report of the test results by March 31, and that Nifong refused to provide the exculpatory report to Plaintiffs for two weeks. Plaintiffs further allege that during that time, Nifong continued to make public statements in which he began to fabricate evidence and allegations to fit the lack of DNA evidence, without revealing that he already knew that there was no DNA evidence. Plaintiffs allege that Nifong, Gottlieb, and Himan received the final SBI report on April 4, 2006, and Nifong instructed Gottlieb and Himan to obtain quotes for additional DNA testing. Plaintiffs allege that Brian Meehan, an employee of testing lab DNA Security, Inc. (“DSI”), had been “lobbying for business from the City” for his DNA lab, and offered to reduce his rates in order to be involved in the “high profile case.” (Second Am. Compl. ¶ 656). Plaintiffs contend that Nifong was also determined to manufacture inculpatory evidence by directing Gottlieb and Himan to prepare another photo identification procedure and “tell Mangum she would see pictures of people they believe were present at the party, and have her pick three.” (Second Am. Compl. ¶ 663). Mangum came to the police station on April 4 and was shown a PowerPoint presentation of photos of every Caucasian member of the lacrosse team, using photos obtained as a result of the NTO. Plaintiffs allege that this identification procedure “violated nearly all of the Department’s safeguards against negligent and malicious misidentification codified in Durham Police Department’s” policies, because it was administered by Gottlieb, who provided feedback during the process, and because it did not include true fillers and Mangum was told that the photos were a collection of the individuals police believed were at the party. (Second Am. Compl. ¶ 667-668). Plaintiffs also allege that Mangum was shown pictures from the party that were in the possession of Durham Police prior to the April 4 identification procedure, which enabled her to identify and describe individuals who were at the party that she previously had not recognized or identified. (Second Am. Compl. ¶ 669-675, 678). Plaintiffs contend that Nifong and Gottlieb were required to provide them with a written report of the April 4 procedure since it was conducted with all of the team members’ photographs, but failed to do so and deliberately concealed from Plaintiffs’ defense counsel the fact that the identification procedure had been conducted. Plaintiffs contend that in doing so, Gottlieb and Himan were violating the NTO processes, were concealing exculpatory evidence, and were foreclosing Plaintiffs’ opportunity to petition the Court to be called as witnesses before the Grand Jury. (Second Am. Compl. ¶ 677-686). Plaintiffs contend that the fact that Mangum had previously failed to identify any team members in the two prior identification procedures was deliberately excluded from the NTO application, the search warrant for McFadyen’s room, and from the Investigation Timeline prepared by Gottlieb for the City Council. (Second Am. Compl. ¶ 676). Plaintiffs allege that on April 5, Nifong filed an ex parte motion and obtained an order directing additional DNA testing of certain items by DNA Security, Inc. In the ex parte motion, Nifong revealed that the SBI’s DNA test was completed and the results showed no link to any team member, but that information was not revealed to Plaintiffs or their defense counsel. (Second Am. Compl. ¶ 688-692). Plaintiffs further allege that on that same day, the search warrant application for McFadyen’s room was unsealed, making it a public record that was picked up by the media. Plaintiffs allege that in response, Defendants Moneta, Bryan, and Wasiolek unilaterally suspended McFadyen as a student without notice, hearing, or inquiry. (Second Am. Compl. ¶ 693-696). Plaintiffs allege that Dean Wasiolek demanded that McFadyen waive his rights under FERPA, and that Duke officials, including Defendant Brodhead, then began giving interviews and making public comments to the media indicating that Duke had suspended him under the “ ‘safety of the community’ ” provisions of the student code of conduct. (Second Am. Compl. ¶ 693-698). Plaintiffs allege that in contrast, Duke did not take any adverse action against students who sent threatening e-mails to Coach Pressler or to team members and their families. Plaintiffs allege that Matthew Wilson (“M.Wilson”) was also subject to disciplinary sanctions when it was reported that he had pled guilty to a charge of Driving While Impaired in May 2006, even though the incident was during the summer outside of Durham County and was not connected with Duke. Plaintiffs allege that Duke unilaterally suspended M. Wilson from the lacrosse team indefinitely and made statements to the press to “ensure the University’s disciplinary action against Matthew [Wilson] was widely known.” (Second Am. Compl. ¶ 713). Plaintiffs further allege that in response to the citation, Defendant Bryan referred him for a Judicial Board hearing, and falsely informed him that it was “policy” to suspend for two semesters any student who was charged, on campus or off, with a Driving While Impaired offense. Plaintiffs allege that Duke officials refused to allow M. Wilson to transfer to another school as a student in good standing, even though other students had been allowed to transfer as students in good standing in lieu of being suspended. At the Judicial Board hearing, M. Wilson was questioned about the events of March 13-14 and was suspended for two semesters, which was modified to one semester on appeal. Plaintiffs allege that the Judicial Board proceeding violated the Student Code of Conduct, which “clearly does not authorize the Undergraduate Judicial Board to subject students to disciplinary proceedings for conduct that occurs off-campus, out of county, while not enrolled in University courses.” (Second Am. Compl. ¶ 720). Plaintiffs also allege that Breck Archer was subject to a disciplinary proceeding in the summer of 2005 for damage to a room he had not yet moved into, and then was suspended for the fall 2005 semester for failing to submit a form after he had completed his community service hours. Plaintiffs allege that this disciplinary proceeding was without basis in the Student Code of Conduct. As to all of the disciplinary measures, Plaintiffs allege that the Student Code of Conduct is incorporated in the Duke Student Bulletin, which provides disciplinary procedures and safeguards. Plaintiffs allege that during the disciplinary proceedings, Duke failed to provide the procedural and substantive protections provided in the Student Bulletin. As to McFadyen, Plaintiffs contend that the interim suspension did not meet the standard set out in the Bulletin, that McFadyen did not receive notice of the provision he was charged with violating, that he did not receive a hearing within 3 days or an informal review by a 3-person committee as provided in the Bulletin, and that he was not provided with the procedural safeguards set out in the Bulletin. With respect to M. Wilson, Plaintiffs allege that the Bulletin expressly limited its jurisdictional authority to exclude off-campus conduct except in limited circumstances not applicable to him. In addition, Plaintiffs allege that the proceedings against M. Wilson were “predetermined” and violated his right to a fair hearing under the Bulletin. Finally as to Archer, Plaintiffs allege that Duke’s “suspension of Archer was unprecedented and remains inexplicable by reason and eommon sense.” (Second Am. Compl. ¶ 744). Plaintiffs allege that Defendant Bryan “rigged” the hearing process and deprived Archer of his rights under the procedures set out in the Bulletin. (Second Am. Compl. ¶ 728-745). Plaintiffs allege that on April 6, certain items were transferred from the SBI to DSI for DNA testing, pursuant to the order Nifong had obtained the day before. The results of DSI’s testing were provided on April 10 to Gottlieb, Himan, and Wilson and “revealed the existence of DNA characteristics from up to four different males” and excluded Plaintiffs and all of the team members as potential contributors of the DNA. (Second Am. Compl. ¶ 747-748). Plaintiffs allege that Nifong nevertheless delayed release of this information by directing Gottlieb and Himan to send more evidence for testing, even though it was not covered by the order authorizing certain testing by DSI. Plaintiffs also allege that Meehan, the DSI lab director, offered to prepare a report, but Nifong declined because he did not want to have to provide the report to defense counsel, and Meehan acquiesced in Nifong’s wish. (Second Am. Compl. ¶ 802). Plaintiffs further allege that Nifong, Gottlieb, and Himan met with Meehan and DSPs president, Defendant Clark, on April 21 and May 12, and that during the May 12 meeting, they agreed to conceal DSI’s findings and prepare a final report that did not contain the entirety of DSI’s finding. Plaintiffs allege that they were entitled to a written report of every test conducted by DSI with their DNA samples that were provided pursuant to the NTO, and that Nifong, Gottlieb, and Himan did not ever provide them with a complete report. Plaintiffs further allege that the report included a “non-probative” crime scene fingernail even though “Crystal Mangum did not contribute to any DNA found on the fingernail” and that it was included in the report “solely for purposes of intimidating a material and critical witness.” (Second Am. Compl. ¶ 769-771). Finally, Plaintiffs allege that after agreeing to the preparation of a misleading report, Nifong continued to tell the media that the DNA results would “favor Mangum’s allegations,” and sources in Nifong’s office provided false information to the media indicating that there was a DNA match with an individual Mangum had identified with 90% certainty. (Second Am. Compl. ¶ 773-775). Plaintiffs allege that during the investigation, Nifong repeatedly stated that there was medical evidence of an assault. Plaintiffs allege that the “falsified sections” of the NTO application included a claim by Gottlieb that “[m]edical records and interviews that were obtained by a subpoena revealed the victim had signs, symptoms, and injuries consistent with being raped and sexually assaulted vaginally and anally. Furthermore, the SANE nurse stated the injuries and her behavior were consistent with a traumatic experience.” (Second Am. Compl. ¶ 781). Plaintiffs allege that after Nifong made repeated public statements claiming that he believed a rape had occurred based on the medical evidence, Nurse Levicy’s supervisor, Theresa Arico, gave an interview in which she references “blunt force trauma” and examination with a coloposcope, and concluding that “I can reasonably say these injuries are consistent with the story she told.” (Second Am. Compl. ¶ 784). Plaintiffs allege, however, that significant portions of the Sexual Assault Examination Report (“SAER”) were not produced until April 5, several weeks after the March 21 subpoena and subsequent production of medical records. Plaintiffs allege that in that intervening time between March 21 and April 5, “Levicy re-created those portions of the SAER that were not completed on March 14th after the [examination] was abandoned.” (Second Am. Compl. ¶ 785). Plaintiffs allege that the information that Levicy produced to Gottlieb on April 5 included “what Levicy claims to be a handwritten transcription of the SANE interview of Mangum, and several pages contain