Home -> Law Blog Directory -> Media & Entertainment Law Blogs -> Sports Biz

Media & Entertainment Law

: Sports Biz

Duke Lacrosse Players Sue the University

By Mark

And now another shoe drops, as the 38 members of the 2006 Duke lacrosse team who were not charged in the now infamous case brought by the Durham District Attorney have filed suit against Duke in US District Court charging the university with inflicting emotional distress and other injuries in their treatment of the students during the case. Specifically, the students charge that university officials remained silent when despite being in possession of evidence that contradicted charges of gang rape made by a stripper. An official blog maintained by the plaintiffs can be found here.

The students suffered through a "horrifying personal nightmare", according to the students attorney. He said that the accusations caused them "unspeakable suffering." The attorney went on to add, "They were victimized by a corrupt investigation that ignored or suppressed evidence that would have cleared them. And all for a crime that never took place."

This is the third suit filed against Duke as a result of the now infamous investigation. Duke, as usual, directs the students to Durham and former D.A. Nifong. A statement from University Counsel Pamela Bernard says, in part:

"Their legal strategy -- attacking Duke -- is misdirected and without merit. To help these families move on, Duke offered to cover the cost of any attorneys' fees or other out-of-pocket expenses, but they rejected this offer. We will vigorously defend the university against these claims."

Of course, as Duke has always done in this case, the statement and all others, does nothing to justify its actions or inactions in the case, almost all of which are indefensible. Duke hung these students out to dry. Ccontrary to Bernard typically Duke arrogant response, I think the students probably have a fairly decent case, especially if they can show that the administration was in possession of contradictory evidence and remained silent in the face of withering attacks by the faculty in class and around campus. The campus atmosphere was poisonous and no student should have to be subjected to that in class and in the dorms. It was the administration's responsibility to do something about it but they abdicated that responsibility and sat by idly while the faculty tore these kids reputations into bits and pieces. They should be called to account for that and I think a federal court will do just that.

Of course, they'll likely settle before then.

Here's a video fromt the AP of the students' attorney discussing the case:

Full post as published by Sports Biz on February 21, 2008 (boomark / email).