The suit, filed in the U.S. District Court for the Middle District of North Carolina, alleges that university officials remained silent while Duke faculty harassed team members.
Duke and Broadhead remained silent when nurse Tara Levicy allegedly falsely stated that a medical examination of the plaintiff indicated that a rape had taken place. Lastly, Brodhead failed to publicly acknowledge that the players voluntarily submitted to an all-night interrogation session, the search of their residences and a polygraph tests when the media charged the players of hiding behind a “conspiratory wall of silence.”
Two individuals, not included in the complaint, were the accuser and former Durham District Attorney Michael Nifong, who won indictments against Finnerty, Seligmann and Evans for rape despite contrary DNA evidence.
Cooper stated that since Nifong has filed for bankruptcy, he could not be named in the lawsuit. The suit, however, condemns Nifong for hiding and fabricating evidence, intimidating witnesses, rigging photo lineups and ignoring other evidence that demonstrated the players’ innocence. Nifong has since been disbarred.
Duke officials have not yet seen the lawsuit but insist that Cooper’s case 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. We do not think it is appropriate under the North Carolina federal court rules to make any further statements,” said Pamela Bernard, Duke vice president and general counsel, in an official statement.
Duke was also sued by the lacrosse coach who was fired. The university settled a lawsuit with the Finnerty, Seligmann and Evans for an undisclosed sum.
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