That's why the players would sue in US District Court. see post 994
But the accuser would sue in Durham. I know her case is obviously shakey, but it probably appears airtight to the worked up mob in Durham.
I wonder if it applies to municipalities? If so, I can easily see the City of Durham cutting Nifong loose. He refused to look at defense evidence before pressing charges. That seems negligent to me. If Howlin is right, his stock downtown would be pretty low right now. In that case, it's all on his head and he, individually, can't possibly defend himself from what would happen.