NC Attorney General Agrees to Mike Nifong's Request to Be Removed From Duke Lacrosse Case

Fox ^ | January 13, 2007 | Staff

[Anti-Bubba182]

RALEIGH, N.C. — The state attorney general's office agreed Saturday to take over the sexual assault case against three white Duke University lacrosse players at the request of the embattled district attorney.

Durham County District Attorney Mike Nifong, hamstrung by a flip-flopping witness — a black woman hired as a stripper — and dogged by allegations that he made inflammatory statements to the media, asked Attorney General Roy Cooper's office Friday to appoint a special prosecutor.

"I wish I could tell you this case would be resolved quickly," Cooper said at a news conference Saturday. "Since we have not been involved in the investigation and prosecution, all of the information will be new to our office. Any case with such serious criminal charges will require careful review."......"

[art_rocks]

Forgot sue the 88 as private citizens.

[art_rocks]

How did the alumni make this case fall apart?

[jeddavis]

The idea of DAs being immune from lawsuits is one of those theories which can only be stretched so far in the real world, and Fong is WAY past the breaking point here, as are also the president and elements of the administration and faculty of Duke, and the city fathers of Durham NC. This is going to get REAL interesting in about two or three months.

[lndrvr1972]

You are right all judges,magistrates and officers of the court do have judicial immunity in NC. In my opionion should be overturned.

[freespirited]

No matter what a prosecutor does during the course of a prosecution, he/she remains immune from civil suit.

I have read of a court ruling (quite possibly from the Supreme Court) which held that prosecutors are not immune from suit in regard to actions that were not necessary in order to discharge their prosecutorial responsibilies--e.g. comments made in press interviews, since there is no need for a prosecutor to blab to the news media in order to prosecute a case.

Know anything about this?

[Verginius Rufus]

If Nifong is disbarred, he won't necessarily go hungry...he might get hired to teach at Duke Law School (Richard Nixon is their most famous alumnus).

[seanrobins]

That's true... For example, if Nifong made libelous "ex-judicial" statements (out of court), then he could be subjected to civil suit.

But the "meat" of what Nifing has done wrong here, is in his conduct of the prosecution, the "prosecutorial" decisions he has made: And those are absolutely immune from civil suits.

Again...Not immune from criminal charges.