News & Observer | newsobserver.com | City lays blame on Nifong in filing

Published: Jan 19, 2008 12:30 AM
Modified: Jan 19, 2008 03:40 AM

City lays blame on Nifong in filing

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Some legal maneuvering unfolded this past week in the big federal civil rights lawsuit that grew out of the Duke lacrosse case. A recap:

THE CASE: The three former Duke University lacrosse players accused of gang-rape in 2006, then cleared of all charges in April 2007 and declared innocent, filed suit in October against former District Attorney Mike Nifong, the City of Durham, various police officers, investigators and others connected with the case.

NEW DEVELOPMENTS: Tuesday was the deadline for all defendants in the case to file responses to the allegations in the suit. All defendants did so but Nifong, who has lost his job and been disbarred because of his misconduct in prosecuting the case.

Rather than contest the suit, Nifong filed for bankruptcy protection, apparently in an effort to preserve some of his assets. (Neither Nifong nor his lawyer could be reached to comment.)

All other defendants asked that the case be dismissed. Some claimed immunity on various grounds. Others said they ought not to be held liable for Nifong's misdeeds.

The city is a key defendant because it has the deepest pockets. Should damages be awarded, it is the city and its taxpayers who would pay the most. The tone of the city's response was indignant:

"The central fact of this case is that the plaintiffs cannot recover [damages] against Mr. Nifong's employer -- the state of North Carolina -- because it has absolute immunity. As a result, plaintiffs have resorted to overreaching conspiracy claims and other novel legal theories that attempt to impose legal liability on the City of Durham ... for the actions of an overzealous prosecutor. All this creativity is in aid of an effort to impose on Durham taxpayers untold millions of dollars in damages for plaintiffs who were publicly exonerated and never spent a moment in jail."

WHAT'S NEXT: Nifong's bankruptcy petition stalls the case for what is likely to be a few weeks while it is determined whether he is eligible for bankruptcy protection and whether he remains a defendant in the suit.

The players' lawyers say they will challenge any efforts by Nifong to protect his assets by pursuing claims that the former D.A. "willfully and maliciously injured" the three by pursuing the unfounded rape charges.

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