Lawsuit Threat Puts Panel Probing Durham PD in 'Holding Pattern'

Durham, N.C. — The threat of a federal lawsuit could possibly derail the independent committee investigating the Durham Police Department's handling of the Duke lacrosse case.

Civil attorneys representing David Evans, Collin Finnerty and David Evans recently contacted the city's legal department notifying them that they are considering filing a lawsuit, city spokeswoman Beverly Thompson confirmed Monday.

No civil lawsuit has been filed, and it is unclear who could be sued – the city or the police department.

But the 12-member panel is in a "holding pattern" until city attorneys meet with the former defendants' attorneys, Thompson said in a news release issued Monday afternoon.

That meeting is scheduled for Sept. 5.

The city also received notification from its insurance carrier reminding it of its contractual duties to cooperate under policy provisions, "which would include not engaging in activities that might compromise a subsequent defense of an action against the city," the news release said.

When reached for comment Monday, Durham Mayor Bill Bell confirmed the attorneys' meeting, but he would not comment further on the matter.

Monday's news release said city attorneys will brief the City Council on Sept. 6 in a special closed-session meeting.

Bell and members of the City Council called for the independent investigation in May following an internal police department report that found detectives did nothing wrong in conducting their investigation into exotic dancer Crystal Mangum's allegations that Evans, Finnerty and Seligmann raped, sexually assaulted and beat her at a party in March 2006.

During its first meeting last month, the 12-member committee heard from defense attorneys, who argued that officers, under the direction of then-District Attorney Mike Nifong, conducted an investigation directed toward proving the truth of the accuser's story and the guilt of the defendants rather than trying to determine what happened.

Nifong, who was suspended as district attorney and disbarred this summer, dismissed rape charges against all three players in December, and Attorney General Roy Cooper dismissed the case in April, declaring them innocent.

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Latest Comments

"The ignorance of the Jesse and Al comments keep coming. It seems that whenever this case is brought up, they are mentioned. Why? Because they did what they are supposed to do, which is to be social conscience voices for the oppressed and voiceless. If you think social activists are not needed, look at the situation in Jena Louisana - the Jena 6 (Thank God for the Jesse's and Al's - those who refuse to remain silent when racism and injustice is alive and well.)"

I don't have a problem with responsible social activism, but if the Rev's want to maintain any credibility (which they clearly do not have) then they need to take responsibility when they err. Has either of them offered an apology for their inflammatory speeches made at the time the story first broke? Have they recended the free tuition paid to the person at the root of the trouble? This is not their first time of being on the wrong side of an issue and sadly, this is not the first time an apology was owed and not offered.

Obscurite
August 29, 2007 8:32 a.m.

Lacross Team holds beer bash,hires scrippers three players accused of rape.Players hire Defence Lawyers ,Police investigate,investigative material turned over to DA.DA goes before grand jury ,grand jury reccomends trial,state brings charges.Case tried in media (radio, tv ,newspapers,internet)State Attny General intervens, all charges dismissed ,lack of evidence. Justice served.Players demand money,Victim sued , No? State Sued ,no ?media sued ,no? NC tax payers sued ,yes.

jon2four
August 29, 2007 7:25 a.m.

Maybe the Duke students should sue themselves.It was their foolishness that started this whole mess. Under age kids at a beer bash hiring scrippers,isn't that what we have lost sight of.Wasn't justices satisfied when it was determined that they were innocent.So where does justice stop and vengence begin. No,they,the students shouldn't be paid one dime.It was their responsibility to pay for their own defence,not the Durham tax payer.It was their lack of responsibility that got them into this let them pay.

jon2four
August 29, 2007 5:01 a.m.

"Further, the coverage Durham has is $5 million and the city has a $500K deductible. However, the insurance company will treat these lawsuits as ONE event, therefore limiting the max. payout."

Even though the policy is capped at $5 million that doesn't prevent the Duke 3 families from seeking more if their case goes to trial. If they choose to negotiate a quiet out-of-court settlement then they may be limited to the insurance cap. A settlement would also prevent the truth from being in the public record.

We gained a great amount of insight during Nifong's State Bar Hearing. There are still many more questions unanswered, so I hope the Duke 3 families take their case to trial if they can tolerate another lengthy court battle.

I sincerely hope they are all fairly compensated, not only for the monies spent for legal defense and extensive travel, but also for their pain and suffering.

CauseTaker
August 29, 2007 1:37 a.m.

"The attorneys representing the three students should do EVERYTHING they can to punish those involved"

Or at least get a sincere apology from Nifong, and any at all from Al Sharpton, Bill Bell, and the self righteous hypercritical femanazis that protested at the laccrosse house before ever having a clue as to what happened.

68_polara
August 28, 2007 11:59 a.m.