Three former Duke University lacrosse players, falsely accused of rape in a case that cost a district attorney his law license, can move forward with part of their claims against the former prosecutor and the city of Durham, North Carolina, a judge ruled.
U.S. District Judge James A. Beaty Jr., in a ruling today, refused to dismiss the former students' claims that their constitutional rights were violated through malicious prosecution, concealment of evidence and fabrication of false evidence. The judge dismissed their separate conspiracy claim and their intentional infliction of emotional distress claim.
'The intentional use of false or misleading evidence before a grand jury to obtain an indictment and arrest without probable cause is exactly the type of unreasonable search and seizure that the Fourth Amendment was designed to protect against,' the judge said.
Sunday, April 3, 2011