What about suing him for legal malpractice? Or unethical misconduct or defamation of character?
A prosecutor acting in the role of an investigator has no civil immunity. If he swore out an affifavit in support of an indictment, he would be acting in the role of a complaining witness. If so, he loses immunity for a civil rights casue of action.
The judge might allow the case to go forward if for no other reason than to help give Nifong a bit of 'cover' in an eventual civil action.
There is also no immunity for statements made outside the courtroom, so he is open to a defamation claim. He probably figured that out after 70 press interviews, some of which named the suspects by name and calling them rapists. That is likely the main reason he is no longer doing interviews.
Does anyone know if the Crystal Mangnum appeared before the grand jury. I doubt it because if she did and the grand jury did their job, there would not have been an indictment.