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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
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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.
To: freespirited
OK,so the DA him/herself is immune....but the county who employs said DA can be sued for serious $$$ because of the DA's breathtaking incompetence or misconduct.
2
posted on
01/19/2007 8:42:49 PM PST
by
Gay State Conservative
("The meaning of peace is the absence of opposition to socialism."-Karl Marx)
To: freespirited
Judges have it even better, they can make up Law on the spot and are for the most part unaccountable
TT
3
posted on
01/19/2007 8:43:59 PM PST
by
TexasTransplant
(NEMO ME IMPUNE LACESSET)
To: freespirited
Citing the same sentence, being a reporter means never having to say, "My grammar sucks."
4
posted on
01/19/2007 8:45:02 PM PST
by
gcruse
(http://garycruse.blogspot.com/)
To: Gay State Conservative
"the county who employs said DA can be sued for serious $$$ 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/)
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.)
To: freespirited
if lawyers can prove Niflong acted outside the scope of his duties as DAOk, 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.)
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.)
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)
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)
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))
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
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
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)
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
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.)
To: Howlin
17
posted on
01/19/2007 9:07:49 PM PST
by
DvdMom
(Impeach Nifong -)
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...)
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.)
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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