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Duke bolsters legal team in fighting lawsuit (Duke Hires Jamie Gorelick)
The Herald-Sun (Durham) ^ | Feb 6, 2008 | By Ray Gronberg

Posted on 02/06/2008 11:14:50 AM PST by Ken H

DURHAM -- Duke University has added a former deputy attorney general of the United States to the legal team that will defend it against a federal civil-rights lawsuit filed by three members of the 2005-06 men's lacrosse team.

Court papers filed this week indicate that Washington, D.C., attorney Jamie Gorelick will assist two Greensboro litigators in representing the school.

They're also the attorneys of record for the Duke University Police Department, Board of Trustees Chairman Robert Steel, school President Richard Brodhead and numerous other university officials.

Gorelick was deputy attorney general during the Clinton administration, and in that capacity was responsible for supervising the country's appointed federal prosecutors.

More recently, she served on the 9/11 Commission. She was a controversial choice for that panel because of allegations she'd helped set rules limiting the ability of federal agencies to exchange intelligence information before the attacks on New York and Washington.

She and the Greensboro lawyers, Donald Cowan Jr. and Dixie Wells, will help Duke try to fend off allegations made by current or former lacrosse players Breck Archer, Ryan McFadyen and Matt Wilson.

The players and their lawyer, Durham attorney Bob Ekstrand, essentially contend that the Duke administration conspired with city officials and former District Attorney Mike Nifong to frame members of the 2005-06 lacrosse team on false charges of rape. Archer, McFadyen and Wilson avoided indictment, but teammates David Evans, Collin Finnerty and Reade Seligmann did not. They reached an out-of-court settlement with Duke but have filed a lawsuit of their own targeting Nifong and the city.

The two lawsuits have attracted some of the country's best-known litigators. Gorelick is the biggest name involved in the Archer/McFadyen/Wilson case.

But the legal team for Evans, Finnerty and Seligmann includes Barry Scheck, founder of the Innocence Project, and Brendan Sullivan, the one-time lawyer for former Marine Corps Lt. Col. Oliver North.

Lawyers representing the city and Durham Police Department officers in the Evans/Finnerty/Seligmann case have asked a judge to dismiss the players' claims against those defendants. Among other things, they say the city and police weren't responsible for Nifong's misconduct. The players' legal team has until mid-April to respond.

The various lawyers involved in the Archer/McFadyen/Wilson case are still weeks away from trading motions. Ekstrand filed the lawsuit on Dec. 18.

The news of Gorelick's addition to Duke's legal team came this week as the school's dean of undergraduate education, Steve Nowicki, was passing the word that he'd suspended a review of the practices and policies that govern the discipline of Duke students.

Nowicki on Tuesday said he made the decision after Duke's senior in-house counsel, Pamela Bernard, advised him that if the review goes forward now, the 15 students, faculty members and administrators conducting it could wind up having to give depositions in the Archer/McFadyen/Wilson case.

Ekstrand's 404-page filing on the players' behalf alleges that Duke worked with the city to implement a "zero-tolerance" policy against students accused of off-campus misbehavior. He also contends that Duke officials subjected Wilson and Archer to unfair disciplinary action both before and after spring 2006 team party that produced a stripper's false rape allegation.

Nowicki said he hadn't given the people involved in the policy review any warning that "they could be entangled in" the lacrosse case, and so didn't think it was fair to them to let that happen.

He added that he intends to continue the review somehow and is now trying to assemble a strategy for doing so. Nowicki also denied that Bernard ordered the suspension or that the move was meant to help Duke's defense.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government
KEYWORDS: duke; dukelax
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1 posted on 02/06/2008 11:14:58 AM PST by Ken H
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To: Ken H
Jamie the Wall Gorelick
2 posted on 02/06/2008 11:16:16 AM PST by Osage Orange (MOLON LABE)
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To: Ken H

I’m confused; I thought the players settled with the university.

In any event, Gore-lick continues in her scummy lawyering. No real surprise there.


3 posted on 02/06/2008 11:17:58 AM PST by Nervous Tick (Retire Ron Paul! Support Chris Peden (www.chrispeden.org))
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To: Ken H

I’m glad these guys aren’t letting this go. Bleed them dry.


4 posted on 02/06/2008 11:20:02 AM PST by stevio ((NRA))
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To: Nervous Tick

Barry Scheck against Gore-lick? This isn’t even a contest. They’ll be calling it Scheck University after this thing gets done.


5 posted on 02/06/2008 11:21:04 AM PST by Signalman
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To: Bobkk47

>> They’ll be calling it Scheck University after this thing gets done.

I’m not a fan of trial lawyers. But in this case I’m willing to make an exception. Sic ‘em Barry! Good dog!


6 posted on 02/06/2008 11:22:26 AM PST by Nervous Tick (Retire Ron Paul! Support Chris Peden (www.chrispeden.org))
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To: Osage Orange

Jamie “Let terrorist hordes run wild in America” Gorelick


7 posted on 02/06/2008 11:23:43 AM PST by KC_Conspirator
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To: Nervous Tick; Ken H
I'm no longer confused; these are three DIFFERENT players. Cool!

fend off allegations made by current or former lacrosse players Breck Archer, Ryan McFadyen and Matt Wilson.

8 posted on 02/06/2008 11:24:48 AM PST by Nervous Tick (Retire Ron Paul! Support Chris Peden (www.chrispeden.org))
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To: Nervous Tick
I thought the players settled with the university.

The three indicted players did. This is the lawsuit brought by 3 unindicted players. Many expect lawsuits from other members of the lax team, as well.

9 posted on 02/06/2008 11:25:05 AM PST by Ken H
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To: Ken H
“...alleges that Duke worked with the city to implement a “zero-tolerance” policy against students accused of off-campus misbehavior.”

Such as hiring a stripper to perform? Ironic considering that the University recently did the same thing — and more. Whatever they’re smoking at Duke, it probably isn’t the local tobacco.

http://www.freerepublic.com/focus/f-news/1965928/posts

10 posted on 02/06/2008 11:25:20 AM PST by USFRIENDINVICTORIA
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To: Ken H

Hopefully Jamie Gorelick will get her rear end handed to her on this.


11 posted on 02/06/2008 11:25:40 AM PST by jazusamo (DefendOurMarines.org | DefendOurTroops.org)
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To: Ken H
Finnerty and Seligmann will play again this month.
12 posted on 02/06/2008 11:25:51 AM PST by Sgt_Schultze
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To: Nervous Tick

The more the merrier!


13 posted on 02/06/2008 11:26:52 AM PST by Ken H
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To: KC_Conspirator
That too..!!

: )

14 posted on 02/06/2008 11:27:41 AM PST by Osage Orange (MOLON LABE)
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To: Ken H

So now I strike Duke and W&M from the college list for my daughter. No credibility.


15 posted on 02/06/2008 11:29:11 AM PST by gathersnomoss (General George Patton had it right.)
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To: Ken H

>> The more the merrier!

Yep. Wring Duke University and the city of Durham dry, lawsuit by lawsuit.

Make this debacle an indelible part of the resume of each and every low-life who participated in the railroading of these kids.


16 posted on 02/06/2008 11:30:48 AM PST by Nervous Tick (Retire Ron Paul! Support Chris Peden (www.chrispeden.org))
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To: Ken H

I’d like to hear their defense arguments.

“We all know white male athletes are rapists at heart so it was OK to tarnish their names and reputations.”

That’s the only one I can think of.


17 posted on 02/06/2008 11:32:11 AM PST by ElkGroveDan (I'm sick and tired of being sick and tired of all the politics in politics.)
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To: KC_Conspirator
Jamie "Let terrorist hordes run wild in America" Gorelick

Jamie "Let terrorist hordes run wild in America, as long as the Clintons don't get the blame" Gorelick

18 posted on 02/06/2008 11:32:37 AM PST by Verginius Rufus
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To: ElkGroveDan
I'd like to hear their defense arguments.

"We all know white male athletes are rapists at heart so it was OK to tarnish their names and reputations."

That's the only one I can think of.

Very close! -

"White Duke lacrosse players are not a protected class recognized as needing protection by the government" under federal civil-rights law, lawyers for Baker [Durham City Manager] and the police commanders said.

-- http://www.freerepublic.com/focus/f-news/1954746/posts

19 posted on 02/06/2008 11:43:51 AM PST by Ken H
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To: KC_Conspirator

I like yours, but I have another as well:

Jamie “We must respect the privacy of Islamic Terrorists” Gore-lick


20 posted on 02/06/2008 11:45:28 AM PST by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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