Tuesday, December 18, 2007

New civil lawsuit filed in Duke Lacrosse Frame

Today a new civil lawsuit was filed in behalf of three unindicted players.

RYAN MCFADYEN; MATTHEW WILSON; and BRECK ARCHER,
Plaintiffs,
v.
DUKE UNIVERSITY; DUKE UNIVERSITY POLICE DEPARTMENT; AARON GRAVES; ROBERT DEAN; LEILA HUMPHRIES; PHYLLIS COOPER; WILLIAM F. GARBER, II; JAMES SCHWAB; JOSEPH FLEMING; JEFFREY O. BEST; GARY N. SMITH; GREG STOTSENBERG; ROBERT K. STEEL; RICHARD H. BRODHEAD, Ph.D., PETER LANGE, Ph.D.; TALLMAN TRASK, III, Ph.D.; JOHN BURNESS; LARRY MONETA, Ed.D.; VICTOR J. DZAU, M.D.; ALLISON HALTON; KEMEL DAWKINS; SUZANNE WASIOLEK; STEPHEN BRYAN; MATTHEW DRUMMOND; DUKE UNIVERSITY HEALTH SYSTEMS, INC.; PRIVATE DIAGNOSTIC CLINIC, PLLC; JULIE MANLY, M.D.; THERESA ARICO, R.N.; TARA LEVICY, R.N.; THE CITY OF DURHAM, NORTH CAROLINA; MICHAEL B. NIFONG; PATRICK BAKER; STEVEN CHALMERS; RONALD HODGE; LEE RUSS; STEPHEN MIHAICH; BEVERLY COUNCIL; EDWARD SARVIS; JEFF LAMB; MICHAEL RIPBERGER; LAIRD EVANS; JAMES T. SOUKUP; KAMMIE MICHAEL; DAVID W. ADDISON; MARK D. GOTTLIEB; BENJAMIN W. HIMAN; LINWOOD WILSON; RICHARD D. CLAYTON; DNA SECURITY, INC.; RICHARD CLARK; and BRIAN MEEHAN, Ph.D.
Defendants.


Duke LAX players lawsuit - part 1 [PDF]
Duke LAX players lawsuit - Part 2 [PDF]
Duke LAX players lawsuit - Part 3 [PDF]

17 comments:

Santa C. said...

an early Christmas gift to Duke Admin, DUMC, City of Durham, DPD, DNASI

from SANTA

Anonymous said...

Well now the group of 88 can finally get a chance to clear up the record. LOL

Snatch Lieutenant said...

Why isn't the smelly, repulsive whore a defendant in suit?

Anonymous said...

Sweetmick says, I've read the first 176 pages, will finish in the morning. Never thought the sequel to Until Proven Innocent would be written so soon. Put a hardcover on this complaint and you've got a best selling prize winner. Incredible read. Who knew the Duke Police department had primary jurisdiction of this case. Read it folks! You won't believe it.

Anonymous said...

When Duke lacrosse plays Carolina this spring, it may be the first time I pull for the Heels over the Devils.

I stood by this team from the moment they were accused. With this petty action, they've lost my sympathy and support. Their entitlement mentality -- fed by the agenda-driven crowd that corrupted KC Johnson's work -- has overridden their common sense.

I doubt I'm alone in this. I'd imagine that a lot of people at Duke who went out of their way to welcome McFadyen back to school will go out of their way to avoid him this spring. Persona non grata -- again.

Is it worth it?

Anonymous said...

What a sick little fever swamp of a university.

Anonymous said...

Interesting and think that is only six of the players to date!

What about the rest of the players?

Class action suit by the parents!!

Remember they worked hard to get these kids where they are.

Finally they have already won their fraud suit without having to go to court. I wonder why the judges in this case are to stupid not to react to the obvious facts, why don’t they write out bench warrants for all involved in the fraud over the private information disclosed? That’s a no brainier even for an ignorant backwoods judge that you would find in Durham.

Tom E.

Mr X said...

11:24- your act is growing a little thin here. back to the Chronic site now 88er.

Sponge Rob said...

If anything has been learned through this entire affair, it is that any reference to the charges in the suit should be preceded by some form of the word "alleged".

Let's see how much spaghetti sticks. The fact that Duke did not settle this in a nanosecond suggests that they are very confident they can win in a trial.

Anonymous said...

"I stood by this team from the moment they were accused."

I doubt that.

"With this petty action, they've lost my sympathy and support."

I doubt that.

"Their entitlement mentality -- fed by the agenda-driven crowd that corrupted KC Johnson's work -- has overridden their common sense."

I'm curious. We have this little document called the Constitution, which guarantees the citizens of this country certain rights. The lawsuit lays out a very strong case for the plaintiffs having been deliberately deprived of those rights through corrupt actions taken under the color of law.

Are you saying that, even though citizens are guaranteed these rights, it is a sign of an "entitlement mentality" for anyone to actually think they have these rights? Are you saying that, after having been deprived of these rights, the players should use their "common sense" to sit down and shut up and passively accept their victimization? Such behavior seems strange for one who claims to have "stood by the team".

Anonymous said...

11:24. What a totally stupid comment!!!!

If anybody or any group in the world deserves us to "stand by them" it is the Duke Lacrosse Team!!!! After all the crap they have endured it takes mega-courage just to show up and play.

I hope the stands are FULL of screaming supporters who tumb their noses ( etc.) at the stinking cowards who conspired to throw away the joy and the rights of the players to play under Coach Pressler, who believed in them and treated them as family.

These guys have suffered enough losses. They should at least have the undying support of every Duke Alumni, until the last one of them graduates.

Then you can take your questionable loyalties elsewhere.

Duke didn't settle? Hmmm... Not how I read it.

And the settling is just beginning!

IMO, the BOT will rue the day they kept Steele and Brodhead in power.

They who were so willing to throw away the reputation of many good young men just to hide behind the skirts of their diverse / perverse faculty rather than having the guts to hold the frothing masses at bay while TRUTH was sought.... they are the ones whose reputations will, ultimately be destroyed.

Anonymous said...

9:44 AM

I have a slightly different take on this:

The fact that Duke did not settle this in a nanosecond suggests that they are very confident they can win in a trial.

Or it suggests that, having "moved on" all fall, Duke was caught flat-footed, everyone's cleared out for the holidays, and no one has reviewed the complaint. (The timing of its filing, btw, was exquisite.)

The point of settling lawsuits is to avoid the expense or the possibility of losing (does Duke get to pick the jury?) or, quite often, discovery and the bad publicity from the trial. What comes out in this trial won't be pretty. Win or lose, if this goes before a jury and the general public, Duke loses.

resistant said...

Sponge Rob... what on earth makes you think that these three guys, or Ekstrand, are the least bit interested in settling?

The line of thinking that the only motive is financial, precluding the motives of either principle or the good of the community is simply bankrupt.

Ekstrand has a history of acting for the good of the community - witness his efforts in compiling the Gottlieb Dossier, and his provision of that report to the Duke administration.

Soi-disant community activists have no where near the impact of someone like Ekstrand, who actually uses his training and his position to effect positive change. Impugning the motivations behind this law suit, alleging them to be monetary, betrays an agenda as well, Sponge Rob.

Just who will be net beneficiary of the two suits in play (and the 3rd that apparently is pending? The beneficiaries will be those who stand at risk from agents who act to deny constitutional rights and due process - and that would be every single indigent or low-income defendant, and the entire population of Duke students. Not, the plaintiffs in these cases.

Anonymous said...

11:24 I agree with you. I think these three guys are going to be sorry they did this to themselves. This will follow them for the rest of their lives. I doubt Johnny Mack or Bob Steel is going to be very happy about this or will want to help them get jobs on Wall Street. The wall Street - Lacrosse love affair could be over.
Of course, the bloggers who want to see blood in the water are thrilled. I hope everyone gets their day in court.
Bob has used buckshoot in an effort to hit somebody. We will see if the suit has any merit.

Anonymous said...

"11:24 I agree with you. I think these three guys are going to be sorry they did this to themselves. This will follow them for the rest of their lives."

If it had been true (which it was not) that the players had assaulted Mangum, and she had attempted to get compensation for their outrageous offenses (non-existent in the real world, of course) via a civil lawsuit, would you have opined that "she is going to be sorry that she did this to herself"? No. Of course not. You would have gloated about how she was finally going to get justice of a folding green variety for what they did to her. Of course, this is the real world, not that counter-factual world we were speaking of.

In the real world, the ones who acted with injustice were the police, the prosecutor, the media, and the administration, faculty and trustees of Duke University, and the victims of that injustice were the students of Duke University, particularly the lacrosse players.

Why are you advising, with such smarmy "oooh, I'm only looking out for the players' best interests, really" manufactured concern, that they avoid seeking justice? You claim that their pursuit of a lawsuit against those who damaged their reputations will "follow them for the rest of their lives." Uh, guess what, Mr. Not-Really-An-88er-I-Swear? The people they are suing already brought things to that point by conspiring to do damage to their reputations that will, despite their exoneration, follow them for the rest of their lives. Even now there are those who still opine that because the charges did not go to trial, the players cannot be regarded as exonerated -- even though the reason the charges did not go to trial was because there was no credible evidence to support them. If those who were responsible for manufacturing that smear against the players now find that payback's a bitch -- well, I guess they are going to be sorry they did this to themselves.

Sundance said...

That was a good retort.

Anonymous said...

There is so much more to come out of Durham than the LAX case. The entire legal system is broken, the cops are thugs and worse than you can imagine. Countless elected officials from the Governor, down to the City Manager, to the County Clerk are involved. Many fingers have dipped into Durham's cookie jar, and the truth will be extremely explosive to many who have turned their backs on citizens, justice, and any code of ethics or valor. Embrace yourselves for an extreme shock. A tidal wave of truth will boggle your mind, the corruption SHALL be exposed!