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Lawyer: DAs Have Protection From Lawsuits
NBC Durham ^ | 1/19/07 | Carolyn Costello

Posted on 01/19/2007 8:38:22 PM PST by freespirited

Durham District Attorney Mike Nifong is already facing complaints from the North Carolina State Bar that he made misleading, deceitful and fraudulent statements to the media about the Duke lacrosse case.

Additional complaints that the DA intentionally hid DNA evidence favorable to the defendants could be added to that State Bar complaint.

Nifong will defend himself before the State Bar in May.

But Nifong could also be forced to defend himself before a jury in a civil trial down the road.

In a recent interview with CBS's "60 Minutes," the parents of the three indicted players vowed to hold Nifong accountable for how he's handled the Duke case. One parent said: "You will pay every day for the rest of your life."

Exactly how could the families of Dave Evans, Collin Finnerty, and Reade Seligmann go after Nifong?

Don Beskind, an attorney in Raleigh, says it might not be easy.

"District attorneys have an enormous protection against being sued," Beskind said.

Under state law, district attorneys have what's called absolute immunity from civil suits, meaning they can't be sued.

"Even if you've done something for a bad reason, even if your corrupt no matter what as long as your being a DA, you have an absolute immunity." Beskind said.

But according to Beskind, if lawyers can prove Niflong acted outside the scope of his duties as DA, he could lose his immunity.

For example, under state law the families could sue Nifong for defamation, saying he made false statements, either knowingly or with reckless disregard for the truth, and those statements harmed the reputations of the accused players.

But in this case lawyers would have to show Nifong not only made such statements but that he was acting outside his role as DA when he made them.

Meanwhile under federal law, district attorneys have what's called "qualified immunity." This means they can't be sued unless lawyers can prove they should have known their actions violated the law.

In federal court, the players' families could accuse Nifong of violating their sons' civil rights.

They could accuse Nifong of denying their sons a fair trial, or even of producing false evidence. Defense attorneys have already laid out that argument by contending that Nifong withheld certain DNA findings favorable to the defense from a final report presented to the court.

Civil lawyers could also argue Nifong denied their sons a fair jury. Defense lawyers have laid out that argument by accusing Nifong of making misleading or fraudulent statements to the media that may influence potential jurors.

In this case lawyers would have to prove Nifong not only did these things but also knew he was violating the law.


TOPICS: News/Current Events
KEYWORDS: caste; castesystem; dukelax; nifong; prosecutormisconduct
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"Even if you've done something for a bad reason, even if your corrupt no matter what as long as your being a DA, you have an absolute immunity."

Power corrupts, and absolute power corrupts absolutely.

1 posted on 01/19/2007 8:38:25 PM PST by freespirited
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To: freespirited
OK,so the DA him/herself is immune....but the county who employs said DA can be sued for serious $$$ because of the DA's breathtaking incompetence or misconduct.
2 posted on 01/19/2007 8:42:49 PM PST by Gay State Conservative ("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
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To: freespirited

Judges have it even better, they can make up Law on the spot and are for the most part unaccountable

TT


3 posted on 01/19/2007 8:43:59 PM PST by TexasTransplant (NEMO ME IMPUNE LACESSET)
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To: freespirited

Citing the same sentence, being a reporter means never having to say, "My grammar sucks."


4 posted on 01/19/2007 8:45:02 PM PST by gcruse (http://garycruse.blogspot.com/)
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To: Gay State Conservative

"the county who employs said DA can be sued for serious $$$ because of the DA's breathtaking incompetence or misconduct."

He was elected. Sue the voters?


5 posted on 01/19/2007 8:46:11 PM PST by gcruse (http://garycruse.blogspot.com/)
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To: freespirited

One set of rules for the peasants, another set of rules for the Lords.


6 posted on 01/19/2007 8:47:45 PM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: freespirited
if lawyers can prove Niflong acted outside the scope of his duties as DA

Ok, I'll bite. What duty does a DA have to hold press conferences and lie to the general public during them? Where is this duty specifically spelled out in law or in Constitution?

7 posted on 01/19/2007 8:49:34 PM PST by coloradan (Failing to protect the liberties of your enemies establishes precedents that will reach to yourself.)
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To: freespirited
But according to Beskind, if lawyers can prove Niflong acted outside the scope of his duties as DA, he could lose his immunity.

He was acting as a candidate.

8 posted on 01/19/2007 8:50:00 PM PST by umgud (The profound is only so to those that it is.)
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To: gcruse
He was elected. Sue the voters?

I'm no lawyer but I'd be stunned to learn that the defendants couldn't sue if it's determined that the DA engaged in willful misconduct that caused them to spend time in jail that they shouldn't have....or if they incurred lawyers fees that they shouldn't have incurred.

And they'd be suing the taxpayers,not the voters.

9 posted on 01/19/2007 8:51:59 PM PST by Gay State Conservative ("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
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To: freespirited

It's an interesting conundrum. If DAs weren't solidly protected against frivolous lawsuits, they couldn't accomplish anything. But Nifong's behavior was so egregious, maybe they can find some grounds. For instance, maybe they could make the argument that he was not acting within his capacity as a DA, but was turning the case into a campaign issue to get himself re-elected.

It might be hard to prove, though. Intentions are difficult unless there is some written statement or solid evidence for them.

In any case, I think Nifong is washed up and will be eased out of office, because he has caused so much trouble for the politicians and DAs throughout the whole state. It makes them look bad, and I doubt they'll put up with it.


10 posted on 01/19/2007 8:52:41 PM PST by Cicero (Marcus Tullius)
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To: freespirited

"In this case lawyers would have to prove Nifong not only did these things but also knew he was violating the law."

Prove it or not... Nifong's actions in this case have so tainted him that -- for all practical purposes -- his career may be over anyway.


11 posted on 01/19/2007 8:59:15 PM PST by STE=Q ("Diplomacy is the art of saying 'Nice doggie' until you can find a rock." (Will Rogers))
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To: gcruse
When you sue the county you are suing the voters (tax payers).
12 posted on 01/19/2007 9:01:50 PM PST by DB
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To: freespirited
Civil cases are the least of his worries. If he were to go down for some criminal actions, he could be 'bunk mates' with some of the 'fella's he sent to the poky.

Problem is, he'd most likely face either criminal or civil in courts of the Banana Republic of Durham. Not a hotbed of justice these days.

13 posted on 01/19/2007 9:04:26 PM PST by nctexan
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To: freespirited

Read John Grisham's An Innocent Man.
The laws may have changed in the last 2-4 years, but I doubt it...


14 posted on 01/19/2007 9:05:20 PM PST by HiJinx (Ask me about support for the Troops)
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To: DB
"When you sue the county you are suing the voters (tax payers)."

Sounds good to me. They elected him.

15 posted on 01/19/2007 9:05:59 PM PST by nctexan
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To: freespirited
Lawyer: DAs Have Protection From Lawsuits

Fine, tar and feather the bastard.

16 posted on 01/19/2007 9:07:11 PM PST by Centurion2000 (If you're not being shot at, it's not a high stress job.)
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To: Howlin

bump


17 posted on 01/19/2007 9:07:49 PM PST by DvdMom (Impeach Nifong -)
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To: freespirited
True.
And Nifong is without doubt, corrupt.
The three young men Nifong maliciously prosecuted deserve at the very minimum, that Nifong and "others" stand formally indicted in a public trial venue for malicious prosecution.
In this case, the accusers identity must also be made public, since rape charges have been dropped.
She and her family had fun for a time, while they were gaming the "justice" system.
Name them ALL, so the next woman raped who refuses to press charges, at least knows the name of all the people who conspired against her.
18 posted on 01/19/2007 9:09:19 PM PST by sarasmom ( War is not the most vile of the evils humanity commits . There is always apathy...)
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To: coloradan
What duty does a DA have to hold press conferences...?

I'm not a lawyer, but if I have this right, that's one of the actions he took outside the scope of his protected duties. IOW, he is vulnerable to a defamation lawsuit for his comments at news conferences and the like, since those were not necessary to prosecute the case.

19 posted on 01/19/2007 9:12:25 PM PST by freespirited (Honk for disbarment of Mike Nifong.)
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To: sarasmom

I doubt the newspapers will make her name public. But it's all over the internet. She even has her own entry in Wikipedia!


20 posted on 01/19/2007 9:14:23 PM PST by freespirited (Honk for disbarment of Mike Nifong.)
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