News & Observer | newsobserver.com | Dismiss lacrosse suit, Duke asks

Published: May 31, 2008 12:30 AM
Modified: May 31, 2008 02:23 AM

Dismiss lacrosse suit, Duke asks

 

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Duke University wants a federal judge to dismiss the lawsuit filed by 36 members of the 2006 lacrosse team, saying the players have failed to show the fraud, negligence and injury they allege in the case.

Mark Gottlieb and Benjamin Himan, the lead investigators in the Duke lacrosse case, and Durham police officers and city administrators accused of inflicting emotional stress and other injuries to the 2006 team members also asked for the case to be tossed out of court.

The requests for dismissal came Friday more than three months after the players and some of their family members accused Duke, President Richard Brodhead, more than a dozen university officials, the city of Durham, the city manager and various police officers of damaging their reputations after an escort service dancer lodged phony gang-rape allegations against three players at a 2006 team party.

No player listed in the suit was charged in the case, but the players' attorney, Chuck Cooper, said earlier this year that they nonetheless had been through "a horrifying personal nightmare."

The players contend they were harmed in 2006 when Duke administrators remained silent about evidence that contradicted the allegations of Crystal Gail Mangum, the escort service dancer hired to perform at the team's now-infamous party.

In the motion for dismissal, Duke points the finger at Mike Nifong, the former Durham district attorney who was stripped of his law license and ousted from office for his misconduct in the criminal case against Dave Evans, Collin Finnerty and Reade Seligmann. The three battled the phony gang-rape allegations for 13 months before the state attorney general declared them innocent.

Investigators Gottlieb and Himan claim they were conducting a criminal investigation into rape allegations when they collected DNA samples from all but one member of the 2006 lacrosse team and asked a judge to order them to sit for photos.

Evans, Finnerty and Seligmann have filed suit against Nifong, the city and others for conspiring against them in a malicious prosecution that caused them personal injury.

The group of 36 players did not list Nifong in their suit. The fallen prosecutor filed for bankruptcy protection in mid-January and because of that, any civil claims against him had to be put on hold.

This week, a federal bankruptcy judge ruled that Nifong could not hide in bankruptcy court from the malicious-prosecution claims brought by the three exonerated players.

It was unclear Friday whether the group of 36 could add Nifong to their suit.

Duke, city police officers and the former Durham investigators have asked for a hearing on their motions.

anne.blythe@newsobserver.com or (919) 932-8741
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