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Duke 3 file case that could be groundbreaking
Posted by: Billy Hollis on Friday, October 05, 2007

Taking advantage of a perfect storm of incompetence and mendacity, the Duke 3 just filed a "sweeping lawsuit" against Durham.

Going well beyond simple monetary damages, the lawsuit demands changes in a long list of procedures:
The complaint also seeks changes to the photo identification lineups that helped secure indictments against Seligmann and his teammates, David Evans and Collin Finnerty.

Other reforms include:

- Establishing a three-member independent citizens review panel that would review and publicly hear complaints of misconduct by the police department.

- Requiring all eyewitness lineups and identifications be videotaped.

{etc. through four more reforms}

"The demands here are to protect other people from false accusations that these boys suffered – other people in Durham and other people throughout the country – by using this case as a deterrent," Emery said.
I don't recall seeing a federal lawsuit that included such wide-ranging demands. A Duke spokesman referred to "untested and unproven legal theories" in the suit. I guess they won't be untested for long.

The DNA lab is also targeted:
The complaint also asks for an injunction prohibiting Dr. Brian Meehan and his private laboratory from providing any reports or expert testimony in a court proceeding for 10 years.
I'd expect that to put them out of business. Seeing Meehan on the stand, I can't have any sympathy for him over that.

Nifong is being sued too, of course. I suspect that this lawsuit is a much harsher punishment than the twenty-four hours he spent in jail.
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Previous Comments to this Post 

Oh I so hope they win everything! Such a complete travesty of justice demands harsh, harsh, recourse. It’s too bad though that they settled out of court with Duke.

Duke was even worse as far as I was concerned because these young men were slandered and threatened when they should have gotten a fair shake. The lame ass President of Duke can’t even apologize correctly. Plus they have all those despicable teachers still teaching there with impunity.
Written By: Teresa
Well I like actually might be a smart strategy. Rather than money, which Duke just ponied up, they are asking for changes in procedures. It makes a good PR strategy for the case and plaintiffs. They can say, it’s not the money it’s the reforms we want. And it puts the Durham Police and the City of Durham in the position of changing their practices, all the changes sound good, OR spending a lot of money fighting a law suit, and still losing. It think it wrong-foots Durham, they aren’t fighting greedy rich moneybags, seeking more filthy lucre, they are facing aggrieved young men who want the city to reform its evil that may not be entirely true, but it appears that way. It makes a settlement a better deal, to the voters of Durham, than a law suit. It gives them a third way, between fighting an expensive suit or making an expensive settlement. It now gives the city the option of a cheaper solution, and so divides the City elite....without this the city can tell the tax payers we’ve got to fight this or we are going to be out big bucks, but now they don’t really have that option, now the tax payers can see a clearer, cheaper path, that throws the police tot he wolves but doesn’t cost them that much....and it WILL cost the taxpayers. Most municipal liability insurance caps out at several million, and the law suit is probably going to exceed that cap, so Durham will have to make up the difference AND Durham’s liability insurance will likely rise, so the taxpayers get that cost, too.
Written By: Joe
URL: http://
This is great. Agreeing to change procedures makes the Durham law enforcement establishment look bad. NICE.

Frankly, what Durham really deserves is to have any criminals sent away by Nifong challenge their sentances and get released. I have no problem with the thought of the good people of Durham getting deluged with criminals.

Go Duke boys, go!
Written By: shark
URL: http://

I just don’t understand? This is an academic institution, one of higher learning and discourse. There’s no way such enlightened people would ever jump the gun and condemn someone without hearing both sides and be seriously judgmental..
Written By: Joel C.
URL: http://
Funny, I remember when Mkultra and other leftward posters were defending Nofong and stating that his ludicrous handling of the case was misunderstood brilliance (i.e. we just weren’t smart enough to figure it out).

Written By: capt joe
URL: http://
Yes, capt, and I’ve tried to resist the temptation to tweak mk about that any more. I got in some licks when the whole case fell apart, and kind of let it lie since then.

I think that incident has caused mk to be a bit more restrained in his assertions about the intelligence of those who disagree with him, lest we keep pulling that howler of his back out of the past.
Written By: Billy Hollis
URL: http://

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