Duke attys file brief in Giuliani suit

Attorneys for the University and head golf coach O.D. Vincent filed a brief Friday that refocuses allegations against the University and Vincent regarding the July 23 lawsuit in which Giuliani disputed his alleged illegal termination from the golf team.

The brief states that though Giuliani alleged that he was denied procedural safeguards to file grievances, he refused to follow the University's processes to do so. Attorneys for the University also argue that Giuliani did not have a contractual right to play on the team, and Vincent had the authority as coach to dismiss a player.

"The pleadings in this case show that Giuliani has failed to allege any claim on which he can recover," the brief reads. "Despite Giuliani's attempts to bolster his defective Complaint in his Response, he cannot overcome the fact that the allegations do not state a claim on any possible theory."

First reported by The Chronicle, Giuliani's July suit alleged that he was terminated from the team based on unsound claims and Vincent created limitations that would prevent Giuliani from returning.

Giuliani and his attorney, Bob Ekstrand, Law '98, first called for an evaluation of the Duke golf program and Vincent's leadership by the court. In response, Friday's filing states that courts "have been loathe" to intercede a subjective decision affecting the relationship between students and the University.