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May 28, 2008

Judge: Duke lacrosse players can pursue lawsuit

RALEIGH, N.C. — Three former Duke lacrosse players falsely accused of rape -- including Reade Seligmann, who now attends Brown University -- can pursue a civil lawsuit against the disgraced Durham County prosecutor who led the case against them, a judge ruled yesterday.

And former Duke Lacrosse coach Mike Pressler is now coaching at Bryant University in Smithfield.

Federal bankruptcy Judge William L. Stocks lifted a stay that had protected former District Attorney Mike Nifong as he moved through bankruptcy proceedings.

Stocks, a month after hearing arguments about whether the bankruptcy case should delay the civil lawsuit, said in a ruling that his court didn’t have jurisdiction to hear many of the claims involved in the civil case.

Nifong, citing a woman’s story that she was raped at a lacrosse team party in March 2006, pursued rape charges against Seligmann, Dave Evans, and Collin Finnerty. State prosecutors declared the players innocent last year, and Nifong was disbarred and spent a night in jail in the fallout from the case.

No DNA from any Duke lacrosse player was found on the accuser, and exculpatory evidence that genetic material from other unidentified males was found on the woman was withheld from the defense for several months.

An attorney for Nifong did not return a call seeking comment yesterday.

-- The Associated Press

Nifong filed for bankruptcy in January, claiming more than $180 million in liabilities, mostly from the threat of pending lawsuits.

The players also included the city of Durham, police investigators and others in their lawsuit filed in October. They accuse the defendants of conducting “one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history.”

Three other players also joined together in a lawsuit, and more than three dozen current and former Duke lacrosse players have also filed a third lawsuit, claiming they suffered emotional distress during the prosecution. That third suit does not name Nifong as a defendant.

Posted by Brandie Jefferson  at 8:41 AM | Permalink

Comments

Michael Nifong deserves whatever he gets. It's too bad that the defamed and wrongly disgraced Duke lacrosse players can't sue each and every member of the Duke faculty that chose to demonize them before learning any pertinent facts in this case. The Duke faculty and administration are a glaring example of the great lie of political correctness, which is the McCarthyism of the 21st Century. Political correctness always assumes the worst of those that it doesn't approve of and protect. Duke needs a new faculty.

Don | May 28, 2008 11:15 AM link

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