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Nifong wants Duke lacrosse lawsuit dismissed

Posted January 16, 2009

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— Former Duke lacrosse prosecutor Mike Nifong wants a judge to dismiss the federal civil rights lawsuit brought against him by the three players he sought to convict.

In a motion filed Thursday in U.S. District Court in Greensboro, Nifong and his lawyers say that all the actions for which he is being sued were done in his role as the district attorney handling Durham County and that he is entitled to absolute immunity.

He also says the complaint filed last year fails to state a claim upon which relief can be granted and that the plaintiffs lack standing, meaning he says they had no right to file the suit.

Nifong won indictments for first-degree rape, sexual assault and kidnapping against David Evans, Collin Finnerty and Reade Seligmann after a stripper named Crystal Mangum, hired to perform at a March 2006 team party, reported being raped.

The case unraveled, however, in the face of Mangum's constantly changing her story and a lack of evidence. State prosecutors eventually took over the case, dropped all charges and declared the players innocent victims of Nifong's "tragic rush to accuse."

Last January, on the day he was to have responded to the lawsuit, Nifong filed for bankruptcy, temporarily protecting him from civil litigation.

A federal judge ruled last month, however, that the lawsuit could move forward.

Nifong's attorney has stated that the former Duke players should not expect to collect any money. Their claims were among the liabilities Nifong listed in his bankruptcy filing.


This story is closed for comments.

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  • renaizzanceman Jan 16, 2009

    Nifong you should be sued for every penny you own or will own. You're no better than the crook we have for a Governor. I hope they sue you straight to the poor house.

  • no contest Jan 16, 2009

    Mike Nifong trashes the lives of many people with his power as DA and then he wants the lawsuit dismissed. That would be nice for him wouldn't it? You are getting what you deserve Mike Nifong. You did bad and now you get treated bad. The people of Durham that support such people are getting what they deserve also.

    It is too bad that the good people of Durham will have to pay because the Nifong types in Durham politics will live on to do more damage. When will people learn NOT to elect the politicians that perform and support these actions?

    How long before we see Nifong working for some non-profit or liberal Durham organization making lots of money and forgiven by those around him?

  • renkengrl Jan 16, 2009

    Nifong deserves everything he gets. He is a very arrogant man. I guess he figured he could do what ever it was he wanted because he had the title! Think again Nifong, you need to follow the rules too just like all of us!

  • uncw40oz Jan 16, 2009

    He blew his immunity the day he indicted those boys. Granted they were not angles, they were thrown through the ringer and everyone knows that! I hope those boys take every last dime he and his wife have earned. What goes around, comes around MIKE!

  • mrr03 Jan 16, 2009

    What if the Duke players parents were not wealthy..wonder would they have been in jail now? As the saying goes..Only poor folks go to jail..think I'm wrong..Look at the Madoff case as a matter of FACT

  • copforlife Jan 16, 2009

    Heck, I guess he does want it dismissed!!!!

  • really02 Jan 16, 2009

    sue him

  • slappyh99 Jan 16, 2009

    I'm sure he wants it dismissed. If he had done the right thing and dismissed it originally it would never have gotten this far and he may still have a job and his law license.

  • whocares Jan 16, 2009

    Good luck on getting the case dismissed. He was wrong then and he is wrong now, with the exception that now he has nothing of monitary value and then he had no common sense.

  • IzzMad2016 Jan 16, 2009

    squid90 ~ the 3 that were falsely accused asked that no charges be brought against Mangum because they believed she was manipulated a lot by the investigators and Nifong (everyone out to make a name for themselves, I guess). Good thing for her that they had sympathy and compassion for her that neither she nor Nifong had for them.