The actual damages in this case were inflicted by:
1) the stripper
2) the police (probably)
3) Nifong (unquestionably)
4) Brodhead (small money for lost opportunity to play laX)
The Gang of 88 simply chose to tag along at the back of the train being driven by others. The libel that they promoted did not cause Nifong to prosecute, did not cause the GJ to indict, and since they were not convicted did not whip up public hysteria, causing the defendants not to have a fair trial.
The Gang of 88 are guilty of moral and academic offenses for which they should be fired, but their monetary responsibility to the 3 students is minimal.
Totally true. Ride along in a car when the other occupants rob a 7-11 and kill the manager when you knew or had reason to know that was their intended action? Ride the lightning.
>>>>The libel that they promoted did not cause Nifong to prosecute.
Prove it. Prove they did not add .01% to the pressure he felt.
>>>>Did not cause the GJ to indict.
Prove it. Prove they did not taint the GJ .01%.
>>>>Since they were not convicted did not whip up public hysteria, causing the defendants not to have a fair trial.
They were not convicted, so everything that happened to them was fine????
You miss the entire point. In their supposed position of learned academic authorities and community leaders, the 88, even if in only in some small way, contributed to the stress the Durham 3 and their parents had to endure. That is VERY actionable.
The fact that some will admit that was their intent adds malice and makes it even more actionable.
If a citizen or group of citizens tries to be judge and jury... they had better be right.