How deep are Nifong’s pockets? Logic alone requires remedy commensurate with the damage done.
“But, not all prosecutorial conduct enjoys absolute immunity. To the contrary, in Buckley v. Fitzsimmons, the Supreme Court held that a prosecutor was not absolutely immune from civil liability for false statements made in a press conference and for other pre-trial investigative conduct; in that case, only "qualified immunity" applies.
The Court explained that this is because "[t]he conduct of a press conference does not involve the initiation of prosecution, the presentation of the state's case in court, or actions preparatory for these functions." In other words, press conferences aren't an integral part of the prosecutor's job; they are an extra function that he chooses to perform. Prosecutors could opt not to do any press conferences, if they so chose, and still perform all the core duties of prosecution. “
http://writ.news.findlaw.com/commentary/20060630_spilbor.html#continue
Thanks for that link. We're all hoping that this comes back to bite Nifong in the backside.