A former Duke Lacrosse player has filed a lawsuit against the University saying he was failed by a professor because of his membership on the lacrosse team.
The lawsuit was filed by former Duke lacrosse player Kyle Dowd on Thursday. He is suing Duke University and visiting associate professor Kim Curtis.
Dowd graduated last May and was not indicted in the rape case other members of the lacrosse team were involved in but says that Kim Curtis gave him and another lacrosse player in her class a failing grade-- not because they deserved it, but as 'retaliation' after the rape scandal broke. Dowd alleges that he and the other lacrosse player were making passing grades until the scandal broke, and Duke University later revised their grades months after they graduated.
This lawsuit is significant in that is the first of what is likely to be many legal hits against Duke. Critics say that Duke made a big mistake in failing to stand by its own students after they came under attack by members of the faculty and community.
The lawsuit comes one day after two of the accused rapists, Seligmann and Finnerty, were reinstated and only weeks after a turnaround statement by Brodhead, President of Duke University, which called for DA Mike Nifong.
Duke is being sued for breach of contract and unjust enrichment. Curtis and Duke are being sued for fraud, negligent misrepresentation, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, and punitive damages. For all but one of those claims the lawsuit states that the plaintiffs were damaged in excess of $10,000.
Adding to the defense is that Curtis was among the "Group of 88" professors. This group published an advertisement in the Duke Chronicle calling the rape incident a "social disaster", among other things.
I'm sure this is the first of many lawsuits.. should be 'interesting' to watch it all unfold.