Posted on 04/10/2008 11:43:45 AM PDT by NCjim
Durham, N.C. Attorneys for three former Duke University lacrosse players filed a motion this week asking a judge to lift a stay that keeps them from suing former Durham District Attorney Mike Nifong.
Nifong filed for Chapter 7 bankruptcy in January, listing a debt of $180.3 million and David Evans, Collin Finnerty and Reade Seligmann as well as three other players who filed suit as unsecured creditors, each owed $30 million.
Attorneys for Evans, Finnerty and Seligmann, however, say in the April 8 filing that bankruptcy was a tactic he used to avoid a federal civil rights lawsuit by their client and a jury trial.
A judge removed Nifong's name from the lawsuit which also names the City of Durham and others as defendants in January but said he could again be added to the suit, depending on the outcome of the bankruptcy case.
If the bankruptcy judge determines Nifong willfully and maliciously injured the players, bankruptcy rules won't protect him from civil litigation.
(Excerpt) Read more at wral.com ...
Don’t let the bastard get away with his crime. He used the full armed and intimidating force of the police and the law enforcement system against men who he knew were innocent. This is assault and kidnapping.
Nifong should be in jail.
Go for it you guys. You deserve the best. Make nifong pay for what he did to you all. He knew he was wrong. I think these guys should definitly bring suit. Let nifong know how it feels only HE WAS, IS AND ALWAYS WILL BE GUILTY OF TRYING TO RAILROAD THESE YOUNG MEN. They were INNOCENT.
And when all his little pieces are broken and in ruins on the ground,
glue ‘em back together and squash him again.
Nifong should never again be able to draw a breath where he didn’t worry about money.
Motion to lift the automatic stay.
There is no determination as to the exact nature of the liability so CONCEIVABLE a normal six month case could extend out for YEARS pending the end of the state case. THEN the if the state case finds a non-dischargable cause THEN Nifong is really screwed.
I think what REALLY happened is Nifong refused to cooperate in the civil case thinking he was too cute to catch.
The scary thing is that the Nifong case indicates a culture among DA’s to go after high profile prosecutions for political and career reasons. After the untold harm done to innocent people during the so-called satanic ritual abuse cases of the 80’s, you’d think that city administrations would triple check the bona fides of headline grabbing cases for financial liability reasons if no ethical ones.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.