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Duke Case Liabilities

Posted on 01/13/2007 7:20:35 AM PST by jeddavis

The idea that a district attorney cannot be sued is one of those theories which, in real life, can only be stretched so far. Much of what I read indicates that not only is Mike Nifong way beyond the breaking point on that one, but that the city of Durham NC itself and Duke University itself are facing major kinds of legal liabilities in the lacrosse case.

An article on Lew Rockwell's site spells out the liabilities which president Brodhead and other members of the administration and faculty of Duke face.

As that article notes, Duke has legal liabilities which might be big enough to shut the place down. They were contractually obligated to protect those kids on the lax team, and not to aid and abet black panthers talking about beating confessions out of them, people posting wanted posters with their pictures over the campus, chanting "CASTRATE" at them, or teachers calling them rapists in their classrooms.

At the least, I would anticipate a massive class action lawsuit as soon as the Nifong "rape" case is shut down.

It also seems at least theoretically possible that the administration of Duke and some of its faculty could be charged with conspiracy to commit assault. Assault is usually construed to mean simply placing another person into a situation in which he could reasonably expect to get hurt or be harmed.

An idea of the liabilities which Nifong and the city/county of Durham NC face may be had from an article on the Lincoln Tribune.

John Banzhaf is with the GW Univ. Law Center and, as he notes, if somebody has the means and the will to go after a psycho DA like the Fong, and the families of the three accused lax players do, there are ways to do it. Fong has stepped way outside of the bounds within which DAs are protected from lawsuits. The county of Durham and the people who live there and who voted to return Nifong to office of course enjoy no such legal protections, and are fair game.

Generally, the one crime you can commit in America which is ALWAYS severely punished, is to embarass the power structure, and Fong has done that; he has made the entire legal profession in NC look like a third-world clown act. Nobody should think he is going to get away with that.


TOPICS:
KEYWORDS: duke; dukelax; lax; liabilities; nifong
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1 posted on 01/13/2007 7:20:37 AM PST by jeddavis
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To: jeddavis

As long as they keep liability away from other counties and the State, I don't care who gets sued. Holding other counties' taxpayers responsible will create a revolution in North Carolina. It's bad enough we have crooks in office, but they should be held responsible for financial losses.


2 posted on 01/13/2007 7:23:22 AM PST by TommyDale (If we don't put a stop to this global warming, we will all be dead in 10,000 years!)
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To: jeddavis

This whole fiasco has caused irreparable damage to those three young men and I think everyone involved in it should pay through the nose so it never happens again. You don't play with young lives like that.


3 posted on 01/13/2007 7:24:25 AM PST by McGavin999 (Don't be a Freeploader, contribute to the upkeep of FreeRepublic)
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To: McGavin999

Just how long into this before FReepers were raising some serious questions about this case? Those supporting Nifong and allowing this to continue are responsible as well. Let them pay. It will go a long way to help these boys redeem themselves if they can sue the pants off of them all.


4 posted on 01/13/2007 7:30:18 AM PST by tioga (t)
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To: jeddavis

Duke should fire everyone of those professors who signed on to that ad.


5 posted on 01/13/2007 7:31:46 AM PST by Always Right
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To: jeddavis
Nifong and the University listened to the potbangers exclusively and ignored reality and any evidence that would deny them from imprisoning those guys for a long time.

Now they get to defend themselves, and I hope the Duke 3 end up owning the potbangers, Duke, Durham County, and Nifong.

6 posted on 01/13/2007 7:32:31 AM PST by GaltMeister (All that is necessary for the triumph of evil is that good men do nothing.)
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To: jeddavis

This is going to be fun. I wonder what they'll rename the university once they own it. Maybe they'll just shut it down and live on it like a huge estate. Looks like they'll own much of Durham county also.


7 posted on 01/13/2007 7:41:16 AM PST by Royal Wulff
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To: jeddavis
"Nobody should think he is going to get away with that."

Good!

8 posted on 01/13/2007 7:45:00 AM PST by blam
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To: Royal Wulff

I seriously doubt any of those kids has any real desire to live or go to school in or around Durham NC at this point. Durham NC is a big part of the problem. The only really right way to look at a ****hole like that is through the crosshairs of a Norden bombsight. If Duke survives the lawsuits, it has to move, since nobody in his right mind would send a kid to ANY school within 30 miles of such a place at this point.


9 posted on 01/13/2007 7:45:28 AM PST by jeddavis
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To: tioga
"Just how long into this before FReepers were raising some serious questions about this case?"

Trust me on this, it wasn't very long AT ALL!!

10 posted on 01/13/2007 7:54:42 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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To: jeddavis
"After being accused not only of rape, but also of covering up a rape and then hiding behind a "wall of silence," we understand now that the players did come forward and tell the truth, but the "truth" they told was not what the police, prosecutors, and apparently the powers that be at Duke University wanted to hear."

They told the truth, and too many people couldn't handle the truth.

11 posted on 01/13/2007 8:01:40 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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To: Howlin
"On the other hand, the U.S. Supreme Court has carved out an exception when a prosecutor is acting not as an "advocate" performing functions intimately connected with the judicial phase of the criminal proceeding, but rather as an "investigator" or "administrator." In such cases he enjoys only a qualified immunity, and can be held liable if his misconduct violated clearly established legal standards of which a reasonable prosecutor would have known."

Hey Fong - read this section carefully. Actually, before you started all this nonsense, you should have read it.

12 posted on 01/13/2007 8:07:37 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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To: tioga
Here's an article from near the beginning of the incident and FReepers were already skeptical.

Duke president discusses rape case with students

13 posted on 01/13/2007 8:17:57 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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To: blam

This case has the potential to decapitate the entire lib power structure at a major university, at a single stroke. I would think that some of the activists on FR might find that interesting.


14 posted on 01/13/2007 8:19:01 AM PST by jeddavis
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To: tioga
Here's another early article. Interesting that some FReepers seemed to be assuming guilt, but others were raising suspicions.

Duke Forfeits Lacrosse Games After Rape Accusation

15 posted on 01/13/2007 8:28:24 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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To: jeddavis
I've said this before....

the asshat DA picked on the wrong kids....their parents are rich and in order to send them to Duke have invested money and pride in that fact....

so if some hick is going to embarrass their kid and family name, well then all gloves are off. There is nothing more dangerous than a rich mommy whose kid you hurt or tried to hurt.

I'd make every day for the rest of my life, "How can I screw Mike Nifong Day?". Instead of $10,000 dollar vacations (rich families) I'd spend it on legal retainers...Instead of a new Mercedes, I'd get the Lexus and keep it for an extra year in order to spend on legal fees... to make my life's hobby, "How can I screw Mike Nifong's Life up worse than it is?"...

This clown tried to put my son in prison or killed by some black racists, well then he needs to be the greeter at the local Walmart or maybe delivering pizza and chasing after tips in a AMC Gremlin.

I'm just going to get some popcorn to see the rich mommies try to disembowel Nifong...the dad's are p#ssed, but the mommies sound like they're out for blood.

16 posted on 01/13/2007 8:43:33 AM PST by Dick Vomer (liberals suck......... but it depends on what your definition of the word "suck" is.)
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To: Enterprise
Turns out Nifong is a draft dodging hippie, who could have guessed LOL. This, from todays NY Slimes, via Drudge:

At a court hearing on Dec. 15, a DNA laboratory director admitted that he and Mr. Nifong had deliberately withheld exculpatory information from a report. Mr. Nifong prided himself on integrity, having been a conscientious objector during the Vietnam War, yet the laboratory director’s testimony and his acknowledgment of the error undercut his reputation.

What a maroon.

17 posted on 01/13/2007 8:46:41 AM PST by GaltMeister (All that is necessary for the triumph of evil is that good men do nothing.)
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To: Dick Vomer
Which begs the question, Dick; How many innocent people are languishing in North Carolina prisons due to Mike Nifong, and were unable to defend themselves agains his onslaught?

I would think a serious review needs to be done on every case he has prosecuted.

18 posted on 01/13/2007 8:48:46 AM PST by GaltMeister (All that is necessary for the triumph of evil is that good men do nothing.)
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To: GaltMeister

"After Nifong loses his job, he can work with me. He's a natural maroon."

19 posted on 01/13/2007 8:51:20 AM PST by Enterprise (Drop pork bombs on the Islamofascist wankers. Praise the Lord and pass the hammunition.)
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To: Dick Vomer

The mommies aren't any more pissed than the bar association and the legal profession in NC who Fong has made to look like a bucolic clown show. What they've already done to Fong is unprecedented and it figures to get worse. What I'm hoping is that they're pissed enough to go after Durham itself which, in a southern state, is possible and not unheard of. Durham does not deserve to be a city or anything other than a geographic location like the Dismal Swamp when you think about it.


20 posted on 01/13/2007 8:52:27 AM PST by jeddavis
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