Another court ruling in this ongoing saga. It appears that many of the Duke Lacrosse players who were not accused of raper were also suing the city for damages. Most of those claims were dismissed against the city. Here is the article in the
Kansas City Star.
Most of Duke lacrosse players' claims dismissed by U.S. Appeals Court
By Anne Blythe
Though five years have passed since North Carolina’s
attorney general
exonerated three former Duke University lacrosse players of phony
rape allegations, the lawsuits they filed against the prosecutor, the city of
Durham, its top administrators and law enforcement officers remain open
in federal court. But on Monday, the 4th U.S. Circuit Court of
Appeals issued a ruling that takes the heft out of much of the former
players’ claims. The three-judge panel rejected their claims for damages
filed under federal law against the City of Durham and its
police department.
The panel allowed the former players to continue with
their claims under North Carolina law that Durham officials violated
their state constitutional rights. The panel also allowed the three
wrongfully accused players to proceed with their state claims that two
police investigators – Mark Gottlieb and Benjamin Himan – engaged in
malicious prosecution.
David Evans, Collin Finnerty and
Reade Seligmann filed their claims after being falsely accused of
gang-raping a dancer at a 2006 team party. The case raised
questions about Durham’s justice system, eventually leading to the
ouster and disbarring of Mike Nifong, the district attorney who led the
prosecution. It also touched on the prickly issues of race, sex
and privilege, both in Durham and nationally. The mentally ill accuser,
Crystal Gail Mangum, who now faces a
murder charge on an unrelated case,
is black and from a low-income Durham neighborhood. The lacrosse
players, for the most part, were largely affluent, white students from
outside North Carolina.
Duke University, which canceled the
lacrosse season shortly after the accusations emerged, settled out of
court with the three exonerated players. But other members of the team filed two other lawsuits in federal court against Duke, the city of Durham, Nifong and others. In
the 58-page ruling released Monday, the appeals court also threw out
all federal claims filed by the team members who were not charged
criminally. Though their cases were different from that of the three
exonerated players, they claimed to have suffered damages through the
course of the investigation. Despite the surviving claims under state
law, Patrick Baker, Durham’s city
attorney, said he was heartened by the
ruling.
“From the city’s perspective, we’re certainly pleased by
the 4th Circuit’s decision to relieve the city from the vast majority of
the case,” Baker said. Baker said the city has spent $5 million
defending claims by the 2006 lacrosse team. Insurance has covered the
bulk of the cost, he said. The players can appeal the court’s
decision several ways. They can ask the three-judge panel to take
another look at their case or they can seek a review by the full bank of
judges.
It was unclear Monday what the next step would be.
Read more here: http://www.kansascity.com/2012/12/18/3971230/most-of-duke-lacrosse-players.html#storylink=cpy
Charles Kerth, age 57 and Danial Haynes, age 50 were involved in an
accident on December 4, 2012. Danial Haynes was seriously injured and Charles Kerth lost his life in the Edwards County accident.
According to the Kansas Highway patrol
on December 4, 2012 at
approximately 3:05 pm on U.S. Highway 56 about 2 miles East of Kinsley the accident occurred. The
Police report states that the accident occurred when a vehicle operated
by Charles Kerth was traveling eastbound on US 56 and he left the roadway and struck Danial Haynes as he sat at a stop sign. No information was given as to Mr Kerth's condition while driving. He was pronounced dead a few hours later, and Danial Haynes was transported to St Francis Regional Medical Center with injuries.
Krystal Cook, age 22 and Darrel Wilson, age 23 were involved in an
accident on December 8, 2012. Krystal Coo was seriously injured and Darrel Wilson lost his life in a Greene County accident.
According to the Trooper Andrew R. Dill of the Missouri Highway patrol
on December 8, 2012 at
approximately 2:10 am on U.S. Highway 65 about 1 miles South of
Fairgrove the accident occurred. The
Police report states that the accident occurred when a vehicle operated
by Krystal Cook was traveling southbound in the northbound lanes, then
veered back onto the median. Ms. Cook then over corrected and veered
back into northbound traffic striking a vehicle driven by Darrel Wilson
head-on. Mr. Wilson was pronounced dead after his vehicle went of the
road and he was partially ejected. No information was given as to Ms.
Cook's condition while driving..
Bretton Ripley, age 30 and Stephanie Saxton, age 31 were seriously injured and Mary Webb, age 24 lost her life in
a terrible accident in Johnson County Missouri. According to Trooper J.W. Miller and Cpl. R.W. Shaul on December 12, 2012 at approximately 1:15 am on Missouri
Highway 58 and 1501 Rd. the accident occurred. The
Police report states that the accident occurred when a vehicle operated
by Bretton Ripley ran off the right side of the road over an embankment and was overturned. At this time the reasons as to why the accidnet occurred are still unknown, however Bretton Ripley was arrested at the scene for DWI. Sadly, Mary Webb was pronounced dead at the scene.
Jeremy Radar, age 20 and Sherry Hess, age 60 both lost their lives in a terrible accident in Saline County Missouri. According to Sgt. M.D. Degraffenreid on December 3, 2012 at approximately 7:54 am on Missouri Highway 40 about 1.3 miles south of Route P the accident occurred. The Police report states that the accident occurred when a vehicle operated by Sherry Hess crossed the center lane and struck a vehicle driven by Jeremy Rader head on. The reasons as to why the vehicle crossed the lane are still unknown. Both the drivers, Missouri residents, were pronounced dead shortly thereafter.
Another court ruling in this ongoing saga. It appears that many of the Duke Lacrosse players who were not accused of raper were also suing the city for damages. Most of those claims were dismissed against the city. Here is the article in the Kansas City Star.
Timothy Young age 29, of Kansas City Kansas was seriously injured in
a Platte County Missouri car accident. According to TPR T.I. Goolsby on December 12,
2012 at approximately 6:48 pm on Southbound Us. 69 just south of I35 the
accident occurred. The
Police report states that the accident occurred as Timothy Young was walking southbound along the highway when TJ Hunt of Kansas City Missouri, struck the pedestrian with his side mirror of his car. The pedestrian was seriously injured and taken to North Kansas City Hospital for treatment.
