[SF Republican]

Can they sue him in civil court or does he have immunity?

[GeorgefromGeorgia]

A prosecutor has immunity if he acts “within the scope of his employment.” This immunity flows from the State’s Sovereign Immunity. However, if he acts outside that scope, particularly with malice, he is open to personal liability. Some government officials in the State and Federal Governments carry liability insurance just in case. One thing that stands out to me was his out of court statements against the defendants that proved to be lies. Also, I seem to recall that he failed to provide exculpatory evidence to the defendants (Brady vs. Md.).

[Kimmers]

When this was discussed on our local talk radio they said when they presented the photo lineup to the hook excuse me accuser they only presented photos of the the lacrosse players. They did not throw any photos of known innocents.

[xkaydet65]

I think if it can be proved he lied to the trial judge and withheld exculpatory evidence from the defense that his immunity would be removed as he acted in a manner outside the scope of his office. it is presumed that prosecutors are required to obey the laws and procedures enacte dby the legislature. They are given wide latitude in dealing with defendants but there are limits that cannot be passed and Nilfong may have passed them.

[ggekko60506]

He is immune from Civil Actions arising from his conduct in Office.

[BluH2o]

Can they sue him in civil court or does he have immunity?

Prosecutors who play by the book are immune to lawsuits ... Nifong had his own personal
political agenda, in his zeal to put these young men in prison he stepped way out of bounds.
He will probably be disbarred and he most certainly will be sued ... no question.

[cdcdawg]

he might be on the hook because of the withheld DNA evidence. That smacks of fraud, and may take it outside the scope of his official duty.