[freespirited]

"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.

[Gay State Conservative]

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.

[TexasTransplant]

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

TT

[gcruse]

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

[coloradan]

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

[coloradan]

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?

[umgud]

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.

[Cicero]

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.

[STE=Q]

"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.

[nctexan]

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.

[HiJinx]

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

[Centurion2000]

Lawyer: DAs Have Protection From Lawsuits

Fine, tar and feather the bastard.

[DvdMom]

bump

[sarasmom]

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.

[STE=Q]

Interesting read:

It was all about Election Day.

By Thomas Sowell

>http://article.nationalreview.com/?q=Nzc3NTE4NzY1ZTdlZTY5ODZjOThkNjQ3ZTJjZWI4Mjc=<

[stylin19a]

um...is subornation of perjury a felony ?

leaving out exculpatory evidence and getting the forensic guy to go along with it is what ?

[TheSpottedOwl]

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

Okay, fine. Does this immunity protect him from a blanket party in a dark parking lot?

[ikka]

It's called a "Bivens claim". Look it up. That a lawyer doesn't know that, is telling.

[Mike Darancette]

Not for a federal civil rights violation.

[MindBender26]

Forget Nifong. No deep pockets there.

Will end as follows

1. Cases will be dismissed with "semi-applolgies."
2. State will settle with students for two to five million each, plus lawyer's fees.
3. Dancer/Hooker will get "help" so she can "get on with her life" Help means $, probably $10,000.

[MindBender26]

PS,

Nifong, in his book, will blame the Durham cops.