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3 UVA graduates sue Rolling Stone over retracted rape story

Three members of a fraternity profiled in a debunked account of a gang rape in a retracted Rolling Stone magazine story filed a lawsuit against the publication.
The University of Virginia (UVA) is displayed on University Avenue next to the UVA campus in Charlottesville, Va. on Jan. 17, 2015. (Photo by Andrew Harrer/Bloomberg/Getty)
The University of Virginia (UVA) is displayed on University Avenue next to the UVA campus in Charlottesville, Va. on Jan. 17, 2015.

RICHMOND, Va. (AP) — Three University of Virginia graduates and members of a fraternity profiled in a debunked account of a gang rape in a retracted Rolling Stone magazine story filed a lawsuit against the publication and the article's author Wednesday, court records show.

The three men, George Elias IV, Stephen Hadford and Ross Fowler, filed suit U.S. District Court in New York. They are also suing Rolling Stone's publisher, Wenner Media.

A lawyer for the men said they suffered "vicious and hurtful attacks" because of inaccuracies in the November 2014 article, which was written by journalist Sabrina Rubin Erdely.

RELATED: UVA dean sues Rolling Stone over discredited campus rape story

In their lawsuit, the three 2013 graduates said the article "created a simple and direct way to match the alleged attackers" from the alleged gang rape to them based on details provided in the story.

For instance, Elias' room at the fraternity house was "the mostly likely scene of the alleged crime" based on the details in the Rolling Stone article.

"Upon release of the article, family friends, acquaintances, co-workers and reporters easily matched (Elias) as one of the alleged attackers and, among other things, interrogated him, humiliated him, and scolded him," the lawsuit said, adding that Hadford and Fowler "suffered similar attacks."

In the lawsuit, their lawyer said each of their identities was listed online by anonymous users when the article first came out and each of their "names will forever be associated with the alleged gang rape."

"These claims had a devastating effect on each of the plaintiffs' reputations," their lawyer, Alan L. Frank, wrote in Wednesday's filing.

The men are suing on three counts, including defamation and negligent infliction of emotional distress, and are asking for at least $75,000 for each count.

Erdely and a spokeswoman for Wenner Media did not immediately return a request for comment Wednesday.

RELATED: UVA frat says it will sue Rolling Stone

As a result of the article, titled "A Rape on Campus," Rolling Stone managing editor Will Dana posted an apology on the publication's website, and Erdely also apologized in a statement. Dana announced on Wednesday that he would be leaving the magazine, with August 7 set as his last day, according to The New York Times. The newspaper asked Rolling Stone publisher Jan S. Wenner if the departure was associated with the controversy sparked by the retraction. "Many factors go into a decision like this," Wenner told the Times through a spokeswoman

The Charlottesville Police Department has said it found no evidence to back the claims of the woman identified in the story only as "Jackie," who said she was raped in 2012 by seven men at a fraternity house.

A University of Virginia associate dean sued Rolling Stone magazine for more than $7.5 million in May, saying a debunked and retracted account of an alleged gang rape on campus cast her as the "chief villain."

A report published by the Columbia Graduate School of Journalism earlier this year said Rolling Stone failed at virtually every step of the process, from the reporting by Erdely to an editing process that included high-ranking staffers.

The article roiled the University of Virginia community, sparking protests at the fraternity house and a wrenching period of soul-searching by the university. For the three former students, the article made them unable to focus on school and work, and embarrassed them about their association with the fraternity.

RELATED: 4 takeaways from the Rolling Stone report

Despite its flaws, the Rolling Stone article heightened scrutiny of campus sexual assaults amid a campaign by President Barack Obama. The University of Virginia had already been on the Department of Education's list of 55 colleges under investigation for their handling of sexual assault violations.

The article also prompted President Teresa Sullivan to temporarily suspend Greek social events. Fraternities later agreed to ban kegs, hire security workers and keep at least three fraternity members sober at each event.

—Msnbc's Joy Y. Wang contributed to this article.