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Duke Lacrosse Lawsuits to Move Forward, Judge Rules; Discovery ahead !!
Topic Started: Mar 31 2011, 04:21 PM (12,249 Views)
chatham
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Thursday, March 31, 2011
Federal judge rules on lacrosse hoax civil rights lawsuit. Key question buried in 223 pages: will Brodhead, Steel at last be forced to testify
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A federal judge has issued a decision in one of the three cases stemming from the lacrosse hoax. This is the civil rights case known as McFayden, a player who was the lead plaintiff.

The decision is very complicated stuff -- 223 pages long. We will be trying to digest this in the hours ahead.

The decision involves a demand by the defendants for a summary judgment -- that is, dismissal of the plaintiffs' claims before trial. The judge gives both sides victory and defeat -- letting some claims continue, killing others. Both sides can appeal.

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One of the most significant parts of the ruling involves discovery -- and the judge has ordered some defendants in the lawsuit to submit to questions and requests for documents by plaintiffs' lawyers.

We do not yet know if this part of the judge's order applies to Duke defendants, including President Brodhead, Senior VP emeritus Burness and former trustee chair Bob Steel.

They have fought discovery with every lawyer Duke could muster.

In another part of the ruling, the judge says the plaintiffs can collect actual damages -- presumably including their horrendous legal fees -- from the city of Durham, but not punitive damages.

The judge hit lawyers on both sides for their sweeping complaints, answers and briefs. He said the plaintiffs -- if sustained at trial -- have suffered a fundamental violation of their civil rights.

FC has to go to dinner now! Read our post very late tonight or tomorrow. Anyone wanting a PDF file of the decision can write FC, but I will not get back to you for a few hours.
Posted by To reach Fact Checker at 4:21 PM
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Joan Foster

If the families tell us that it's a good day..that suffices for me.

Think of the opportunities provided by discovery...think how the worst of these villains must be feeling tonight.
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Quasimodo

Quote:
 
Trust me, those cops AIN'T going down by themselves!


OK. We'll get the truth out, which is what counts.

But I'm assuming that some defendants (Manly, Arico) can't be added in again later?

And since (by now) more than five years have passed, they can't be prosecuted
for whatever is revealed?

(both assumptions may be in error--and in any case, that pales in view of the ability
to get the full truth told)

ETA: I'm also assuming that there is now, since they are released from the suits,
no reason for those so released not to speak up and tell the full truth of what
happened.
Edited by Quasimodo, Mar 31 2011, 07:11 PM.
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~J~ is in Wonderland
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~J~ is in Wonderland
Joan Foster
Mar 31 2011, 06:32 PM
Nifong...Are you woe-some tonight? Tummy cramping in fright?
Are you sorry you started this Frame?
Does your memory stray
To a long ago day
When folks didn’t sneer at your name?

When Meehan had hopes for expanding his Lab..
And Wilson had the best gig..his Sorry Self ever had?

Are you Woe-some tonight? Think of poor Dickie’s plight!
Hid from the Families AND the truth.
Now the whole world will hear
How he and Bob Steel
Thought the Innocent should stand trial “for Duke.”
And for the 88 radicals... in their biased zeal.
(Hey, the Wanted Poster might see all revealed....)


And as for our Nursey, why she’s in quite a scrape.
“The infamous ex-SANE nurse” that LIED about rape.

Are you woe-some tonight? Got some toenails to bite?
Do you wish it would all disappear?
How you strutted in court..thought the whole FRAME was Sport
Well, now it is your turn to fear.

We remember your arrogance...your detestable ploys..
What you did to Elmo, those families, those boys!

Are you woe-some tonight...yes, payback can bite.
Tell me, Mikey, are you woe-some tonight?

:crh: :crh: :crh:


:magict: :magict:

:bd: :bd: :bd: :bd: :bd:


You goooooo gf!!
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Bill Anderson
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The way I see it, given the political odds that the plaintiffs have faced, it is amazing to me that the suits now have gone this far. If the judge rules that "Fat Boy" Burness, Brodhead, and Steel have to be deposed, look for Duke to gin up some settlements very quickly.

:bill:
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Texas Mom

Posted at Legal Insurrection Blog

http://legalinsurrection.blogspot.com/2011/03/duke-lacrosse-civil-suit-allowed-to.html

Abb's a lot quicker than I am! How about sending info to Dan Abrams' Sports Grid blog?
Edited by Texas Mom, Mar 31 2011, 07:25 PM.
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Joan Foster

Comment under article Tex posted:

"If the City of Durham is smart, they will settle as all their dirty little secrets are about to be exposed."
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chatham
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IMO the only way to settle these suits is to come out with the truth. Does Duke or Durham want that? ummmm, I dont see it. If the LAX families really want the truth I do not see anyone agreeing to a secret settlement or anything resembling that. I hope Duke and Durham they see the writing on the wall. This battle has been won, but the war is still raging on.
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sdsgo

Just read the Evans decision. Except for a few minor issues everything goes forward.





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abb
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http://durhamwonderland.blogspot.com/2011/03/breaking-news.html

Thursday, March 31, 2011
Breaking News
Motion to dismiss the civil lawsuits denied in part and granted in part. Immediate reaction: suits against Durham, Nifong, Wilson, the DPD, DNA Security, Duke, Brodhead, and Tara Levicy go forward--to include discovery. I suspect it will be a gloomy night in Durham. More to come, including analysis of the judge's order.
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Payback
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We have to be very careful what we post tomorrow.

I strongly want to post a news item:

BRODHEAD HIRES MAGGIEF TO RECREATE HIS 2006 EMAIL FILES!

But we better not do April Fool.
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Quasimodo

Can someone put up a link to the entire Carrington document?
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foxglove

Great news!! Does anyone know when discovery will take place?
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Joan Foster

Payback
Mar 31 2011, 07:53 PM
We have to be very careful what we post tomorrow.

I strongly want to post a news item:

BRODHEAD HIRES MAGGIEF TO RECREATE HIS 2006 EMAIL FILES!

But we better not do April Fool.
:toast:

:roflmao: :roflmao: :roflmao:
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~J~ is in Wonderland
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~J~ is in Wonderland
Where is baldo?

Do I need to call him and rattle his cage? :laughin:
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