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-JC · April 6th, 2011

Duke Lacrosse Players Can Sue Over Bogus Charges

Posted: 04 Apr 2011 11:04 PM PDT

http://dealbreaker.com/_old/images/e...ukelax_275.jpg

The three Duke lacrosse players who were falsely accused of rape can sue Durham prosecutors, a federal judge ruled. The same judge will also let three of the players’ lacrosse teammates who were not accused pursue their own lawsuit.

David Evans, Collin Finnerty and Reade Seligman were charged was rape, sexual assault and kidnapping after an exotic dancer [Read "stripper"] claimed she was raped at a team party in 2006.

State prosecutors took over after the case fell apart in the hands of then-Durham County District Attorney Michael Nifong. The state dismissed the charges, and the three players sued the prosecutors, Durham police and the DNA lab.

The defendants filed a motion to dismiss the lawsuit, but the Middle District of North Carolina ruled that the players can move forward with their case for malicious prosecution and fabrication of evidence.

U.S. District Judge James Beaty wrote that official immunity cannot protect the defendants from the plaintiffs’ claims.

“No reasonable official could have believed that it was permissible to deliberately or recklessly create false or misleading evidence to present to a grand jury to effect a citizen’s indictment and arrest,” Beaty wrote.

April 6th, 2011	#1422
-JC Doesn't suffer fools well Join Date: Apr 2006 Posts: 5,740	Federal Court: Official immunity cannot protect from "malicious prosecution and fabrication of evidence... " Duke Lacrosse Players Can Sue Over Bogus Charges Posted: 04 Apr 2011 11:04 PM PDT http://dealbreaker.com/_old/images/e...ukelax_275.jpg The three Duke lacrosse players who were falsely accused of rape can sue Durham prosecutors, a federal judge ruled. The same judge will also let three of the players’ lacrosse teammates who were not accused pursue their own lawsuit. David Evans, Collin Finnerty and Reade Seligman were charged was rape, sexual assault and kidnapping after an exotic dancer [Read "stripper"] claimed she was raped at a team party in 2006. State prosecutors took over after the case fell apart in the hands of then-Durham County District Attorney Michael Nifong. The state dismissed the charges, and the three players sued the prosecutors, Durham police and the DNA lab. The defendants filed a motion to dismiss the lawsuit, but the Middle District of North Carolina ruled that the players can move forward with their case for malicious prosecution and fabrication of evidence. U.S. District Judge James Beaty wrote that official immunity cannot protect the defendants from the plaintiffs’ claims. “No reasonable official could have believed that it was permissible to deliberately or recklessly create false or misleading evidence to present to a grand jury to effect a citizen’s indictment and arrest,” Beaty wrote.