Duke LaCrosse players sue University and the city

RALEIGH, N.C. — More than three dozen current and former Duke lacrosse players claim in a lawsuit they suffered emotional distress during the furor over the now-discredited rape case against three of their teammates.

Attorneys planned to file a federal lawsuit Thursday in North Carolina that accuses Duke University, the City of Durham and several school and police officials of fraud, abuse, and breach of duty for supporting the prosecution of the case.

Lead attorney Chuck Cooper said the private university turned its back on the players to protect the school's image.

"This lawsuit is born out of Duke and Durham's sustained wrongdoing and callous conduct against the players," Cooper said while announcing the lawsuit at a news conference in Washington, D.C.

The lawsuit filed on behalf of 38 unindicted players and nine members of their families seeks unspecified damages for invasion of privacy, emotional distress and other injuries.

The players accuse Duke of ignoring, suppressing and discrediting evidence that proved the players innocence, of idly standing by while the players suffered abuse and harassment on campus, and of imposing discipline that implied the team was guilty. Duke suspended and then canceled the highly ranked team's season in the wake of the rape allegation.

Pamela Bernard, Duke's vice president and general counsel, said the families declined a university offer to cover the cost of any attorneys' fees or other out-of-pocket expenses.

"We have not yet seen the lawsuit, but if these plaintiffs have a complaint, it is with Mr. Nifong," Bernard said. "Their legal strategy _ attacking Duke _ is misdirected and without merit."

Cooper said compensation for expenses was inadequate.

Durham interim City Attorney Karen Sindelar did not immediately return a phone call seeking comment Thursday.

Former Durham County District Attorney Mike Nifong won indictments against Dave Evans, Collin Finnerty and Reade Seligmann after a woman accused them of raping her at a team party in March 2006. The case unraveled amid the woman's changing story and lack of evidence.

The three players were later declared innocent and also have sued the former prosecutor, the City of Durham and the police detectives who handled the case. They reached an undisclosed financial settlement with the university in June.

Nifong was disbarred and spent a night in jail for his handling of the case. Cooper said he is not named in the lawsuit because of his pending declaration of bankruptcy. Nifong is claiming more than $180 million in liabilities, almost all tied to the prospect of losing two other lawsuits stemming from the rape case.

Three other players filed a lawsuit last year, accusing the school, Nifong and numerous others of a conspiracy that inflicted emotional distress