I have a way to sue Nifong that I think a court might accept. One of the tort lawyers should argue that DA Nifong who has immunity made NO, ie ZERO, decisions in this case or at least NO decisions in this case until after early November 2006. The person making ALL decisions in this case was CANDIATE Nifong who does not have immunity of any kind.
It would help this argument if they could find evidence of Nifong making decisions on this case or discussing them on the campaign trail and didn't he comment on the case at a candidate's forum at NCCU? They would also be helped if they could find Nifong making other campaign phone calls and decisions at his office. They need to subpeona his phone logs now.
The could further argue that after early November 2006, it was potential criminal defendent Nifong making decisions to prolong the case. I am not as sure a judge might buy that.
But everyone in the whole world KNOWS that Nifong made all decisions about this case based on politics from the beginning until after the election. DA Nifong has immunity. Candidate Nifong does not. A well crafted argument by an attorney to this affect before a friendly judge in NJ or someplace like that might find a receptive judge and we could see later what the higher courts would say when Nifong appealed.
Sure. Holding Liefong to answer in one or more of the boys' hometown jurisdictions would certainly yield a different result than if the same suits were brought in Durham.