Wednesday, October 17, 2007

A Review of the Civil lawsuit in Findlaw

Findlaw has a post by Howard Wasserman, who is Visiting Associate Professor at Saint Louis University School of Law. He has written an opinion regarding the recently filed civil lawsuit.

"Earlier this month, the case entered a fifth phase, which is the subject of this column. The three former players who were charged and then vindicated --David Evans, Collin Finnerty, and Reade Seligmann--filed a federal civil rights action against sixteen defendants, including the City of Durham, the district attorney, and numerous Durham police officers. A key federal civil rights statue allows the recovery of damages and injunctive relief for injuries caused by violations of constitutional rights.) In 155 pages, 559 paragraphs, and 22 counts, the plaintiffs detail the saga of the case and request compensatory and punitive damages, attorney fees, and far-reaching injunctive relief.

The complaint describes a troubling story of government misconduct. Unfortunately, the story, though compelling, will not necessarily translate into success on the merits of many of the claims alleged in the complaint...."

See the web site for the full article:

The Civil Suit Arising Out of the Duke Lacrosse Rape Case



14 comments:

Anonymous said...

Great article

Anonymous said...

I still do not understand why the actions of Nifong, and others in government who aided in his deliberate intent to use the LAX3 case as a way to become elected are not prosecutable? Doesn't the actions they took fall under the RICO statutes? I don't know why this angle has not been furthur explored.

Here is a link to definitions of organized crime.

http://www.organized-crime.de/OCDEF1.htm

Rhonda Fleming
Justice4Jack

Anonymous said...

I've enjoyed reading the discussions -- informative and enlightening. But what's going to happen?

Can someone who's knowledgeable forecast a timeline for this lawsuit?

What is likely to happen next, and when?

Just curious!

Anonymous said...

THAT is the 300 million dollar question!

Rhonda

Anonymous said...

I hope I live long enough to see the end of the suit. It could be years. I am sure there is a definite lack of interest in pushing this suit forward with any speed from Durham.

Anonymous said...

Everything is selective. If all depends which side of the coin they are on.....moo

Anonymous said...

Rhonda at 12:31 said "I still do not understand why the actions of Nifong, and others in government who aided in his deliberate intent to use the LAX3 case as a way to become elected are not prosecutable?"

If the NC Atty Gen or the US Attorney believes they committed crimes, then they are prosecutable in criminal court. But so far, they have only been sued in civil court, and that is what the FindLaw article on civil immunity was discussing.

Ken Duke
Durham Attorney

Anonymous said...

Joan Foster - I just read that you are leaving LS. Sorry to see you go - the poems and cartoons were terrific. THe turkey is still my favorite. Good Luck with your Life.

Anonymous said...

Where the hell are The FEDS? I am so sick of the denial, and more misconduct from the Fong, and LE. Why are they above the law? They took special oaths, and swore to uphold them, yet no one is accountable? What a disgrace!
He and a few other should be drove from town on a rail, a very jagged one......
Rhonda Fleming

Ralph Phelan said...

"Where the hell are The FEDS?"

Jena, LA.
Civil rights violations don't count when the victims are white.

Anonymous said...

What is so ironic is they are watching these forums, and are waiting to see how the public reacts. Can somebody who is a lawyer start a petition to get the ball rolling? I would LOVE to sign it!
Rhonda Fleming
Sister of murdered Durham citizen, still awaiting justice

Anonymous said...

Crystal continues checking the mailbox for her check. And every afternoon she walks away scratching her head thinking "them white boys got paid, where my money? It a white mens world that for damn sure".

Crystal....not to worry. Jesse has you covered babe. Full ride to college. So don't be worrying that empty black head of yours. Relax, smoke a spliff and have another baby.

Anonymous said...

8:20 Only Trailer Park Trash writes this kind of mean, illiterate, uneducated and nasty stuff. I am white and shamed of this type of post.

Anonymous said...

White women file false reports, too.