The City of Durham’s Attorney’s Office has been contacted by phone by attorneys retained by the three players to represent them in a pending lawsuit. In a subsequent letter, the attorneys requested that the City retain all documents and communications that may have any relevance to the case. In response to that request, the City Attorney’s Office notified relevant personnel of the need to preserve any and all communications, which is standard procedure when there is a possibility of litigation.
As required when the City receives a claim or an actual legal complaint, the City notified its excess insurance carrier, the Insurance Company of the State of Pennsylvania. The City has since received written notification from the carrier confirming receipt of the notification of a claim stemming from the Duke Lacrosse investigation. In that communication, the excess carrier further reminded the City of its contractual duties to cooperate under the provisions of the policy, which would include not engaging in activities that might compromise a subsequent defense of an action against the City.
Based on that recommendation, the activities of the Committee to Investigate Durham Police Department in the Duke Lacrosse Case are in a “holding pattern” until after City Attorneys meet with the former lacrosse players’ attorneys on September 5. On September 6, City attorneys will provide a follow up briefing for city council members in a special closed session meeting.
Monday, August 27, 2007
Here is the official statement from the City of Durham on the potential lawsuit: