Spring Break
Three unindicted laxers sue Duke, Nifong, Durham
By: Staff Reports
Issue date: 12/10/07 Section: News
Last update: 12/21/07 at 1:32 AM EST
Last update: 12/21/07 at 1:32 AM EST
- Page 1 of 1
Three members of the 2005-2006 men's lacrosse team not indicted in the Duke lacrosse case have filed a lawsuit against defendants including former Durham County district attorney Mike Nifong, the University and members of the faculty.
The suit was filed by Durham attorney Robert Ekstrand on behalf of senior Ryan McFadyen, Matt Wilson, Trinity '06, and Breck Archer. The suit alleges that the defendants conspired to continue the prosecution of now-discredited rape allegations against members of the team despite evidence that the allegations were bogus.
In a statement released Tuesday University officials said though Duke "made some mistakes when the allegations first surfaced in the spring of 2006," the charges are largely a result of the actions of Nifong.
"This lawsuit is another unfortunate result of the misdeeds of former Durham County prosecutor, Mike Nifong, and the Durham police," the statement reads. "However, this suit is misdirected against the University. Duke University reasonably relied on the statements of a prosecutor whose path of destruction could be stopped only by the North Carolina Attorney General."
Officials added that the Univeristy previously offered the players legal reparations, but was turned down.
"To avoid putting the entire community through destructive litigation, the University offered many months ago to reimburse the attorneys' fees and other out-of-pocket expenses of the players whose lives were disrupted but who were not indicted," the statement reads. "We were and remain disappointed those offers were not accepted. We will aggressively defend the University in this matter."
Besides Nifong, the University and the faculty, the suit names administrators including President Richard Brodhead, City Manager Patrick Baker, Duke University Medical Center, members of the Durham Police Department and DNA Security, Inc., a laboratory that conducted testing in the case.
McFadyen was caught in the media spotlight in spring of 2006 when a graphic e-mail he sent the night after the party was made public. He was not charged with any crimes. Wilson, meanwhile, received a DUI during the summer of 2006.
This is the second lawsuit filed by an unindicted player in connection with the case. Kyle Dowd, Trinity '06, sued over a grade he received from Kim Curtis, a visiting associate professor of political science. The case was settled by the University, but the terms have not been made public.
Stay tuned to www.dukechronicle.com for more details as this story develops.
The suit was filed by Durham attorney Robert Ekstrand on behalf of senior Ryan McFadyen, Matt Wilson, Trinity '06, and Breck Archer. The suit alleges that the defendants conspired to continue the prosecution of now-discredited rape allegations against members of the team despite evidence that the allegations were bogus.
In a statement released Tuesday University officials said though Duke "made some mistakes when the allegations first surfaced in the spring of 2006," the charges are largely a result of the actions of Nifong.
"This lawsuit is another unfortunate result of the misdeeds of former Durham County prosecutor, Mike Nifong, and the Durham police," the statement reads. "However, this suit is misdirected against the University. Duke University reasonably relied on the statements of a prosecutor whose path of destruction could be stopped only by the North Carolina Attorney General."
Officials added that the Univeristy previously offered the players legal reparations, but was turned down.
"To avoid putting the entire community through destructive litigation, the University offered many months ago to reimburse the attorneys' fees and other out-of-pocket expenses of the players whose lives were disrupted but who were not indicted," the statement reads. "We were and remain disappointed those offers were not accepted. We will aggressively defend the University in this matter."
Besides Nifong, the University and the faculty, the suit names administrators including President Richard Brodhead, City Manager Patrick Baker, Duke University Medical Center, members of the Durham Police Department and DNA Security, Inc., a laboratory that conducted testing in the case.
McFadyen was caught in the media spotlight in spring of 2006 when a graphic e-mail he sent the night after the party was made public. He was not charged with any crimes. Wilson, meanwhile, received a DUI during the summer of 2006.
This is the second lawsuit filed by an unindicted player in connection with the case. Kyle Dowd, Trinity '06, sued over a grade he received from Kim Curtis, a visiting associate professor of political science. The case was settled by the University, but the terms have not been made public.
Stay tuned to www.dukechronicle.com for more details as this story develops.
Viewing Comments 1 - 10 of 77
Phil Blair
posted 12/18/07 @ 3:03 PM EST
What is going on here? This case is supposed to be over!! Doesn't anyone read the Chronicle or listen to the powers that be at Duke?
Hopefully those who were so concerned with the "victim" getting a fair trial in past cases will be equally concerned that those who were allegedly wronged are treated fairly in this case. (Continued…)
shoot!
posted 12/18/07 @ 4:15 PM EST
Just when Brodhead thought the coast was clear!
benjamie
posted 12/18/07 @ 4:16 PM EST
What a joke of a nuisance suit. Greed knows no limits...
The real news
posted 12/18/07 @ 4:28 PM EST
Where's the news in this? When I read about this in the press a few months ago, it was described as an impending suit by all the unindicted lax players. (Continued…)
wagstaff
posted 12/18/07 @ 4:32 PM EST
Scramble 88! The jig is up, you're next! Better take those offers and get out of Dodge, eerrr Duke.
spanky
posted 12/18/07 @ 5:03 PM EST
Yes it is about the money since the Feds chickened out and the State is dragging it's feet with pathetic
political excuses. It's all about the money, punishment and money. (Continued…)
Gary Packwood
posted 12/18/07 @ 5:06 PM EST
This is just a message from the Duke Santa in the sky that thou shall set thy cell phone, Gang of 88, Office of Student Affairs and Duke Police Department to vibrate so we can all enjoy the holiday season. (Continued…)
What a swell bunch at Duke
posted 12/18/07 @ 5:40 PM EST
338. At the same time, Duke Police investigators were compiling information Duke University's records on the three renters of 610 N. Buchanan, Plaintiffs, their teammates, and relaying the information to Durham Police. (Continued…)
Don in New Orleans
posted 12/18/07 @ 5:41 PM EST
Wait, I thought The Chronicle said the Duke Rape Hoax was over.
When those in the Duke administration and faculty who prejudged and defamed students at their university acknowledge and apologize for their transgressions, then reconciliation can occur. (Continued…)
graham cracker
posted 12/18/07 @ 6:12 PM EST
now how many members of the DUKE LACROSSE TEAM are THERE ?
thats as many lawsuits that are still potentially ahead...get the message cowardly wimpish brodhead, "getting out of town" burness and elite politican steel ?
its so courageous of these TEAM MEMBERS to demand justice against a UNIVERSITY that was allegedly complicit in providing PRIVATE INFORMATION ON STUDENTS, allegedly complicit in PAYING OFF CLAIMS so the GROUP of 88 could continue their ARROGANT INTOLLERANT AND SUPER JUDGEMENTAL actions that encouraged STUDENT DEMONSTRATIONS despite PROOF. (Continued…)
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