The university only settled with the indicted players, not the unindicted players. Although they did offer to pay for the unindicted players legal fees, but were turned down.
The lawsuit hasn't been filed yet, but according to the "case summary" they are suing Duke on these alleged grounds:
"Intentional and negligent infliction of emotional distress based on the false
and misleading information about the medical and physical evidence of
rape provided by Levicy [Duke hospital nurse] to the Durham Investigators"
"Fraud, negligent misrepresentation, abuse of process, and violations of
fourth amendment rights based on Duke University’s disclosure of
confidential key card reports to the Durham Investigators"
"Breach of duty based on Duke’s special relationship with its student
athletes. Duke failed in its duty to seek to protect these students from
harassment...
"Breach of contract for Duke’s failure to follow and enforce its own antiharassment
policy, cancellation of the lacrosse season, violation of
procedural rights."
See
http://www.bork.com//downloads/Case%...02.21.2008.pdf
The full lawsuit will be filed later today and can be read at
www.dukelawsuit.com.
Obviously, not good for the university's PR...this case should take a while. The HBO movie is starting up again as well since the writer's strike just ended and have already spoken with The Chronicle's main editor during the case.