Monday, January 26, 2009

Nifong's Absolute Immunity Defense takes another Hit

The Ides of March have come two months early for the Disgraced, Disbarred, and Former DA Nifong. Last week KC pointed out in his post Setback for Durham? a recent US Supreme Court decision.

"On Wednesday, the Supreme Court handed down a ruling that could weaken the Durham defendants’ efforts to use a claim of qualified immunity to avoid liability. Given that this claim formed a central element of Durham’s pleadings, the setback could be a formidable one indeed."

It just got worse today for Durham's self proclaimed greatest ex-attorney as the US Supreme Court in a 9-0 decision, VAN DE KAMP ET AL. v. GOLDSTEIN, re-affirmed,

“that absolute immunity does not apply when a prosecutor gives advice to police during a criminal investigation, see Burns, supra, at 496, when the prosecutor makes statements to the press, Buckley v. Fitzsimmons, 509 U. S. 259, 277 (1993), or when a prosecutor acts as a complaining witness in support of a warrant application.” Court Syllabus

It also clarified the distinctions of what are administrative functions allowable and made the line very clear on what are permissible actions.

“The administrative obligations at issue here are thus unlike administrative duties concerning, for example, workplace hiring, payroll administration, the maintenance of physical facilities, and the like. “ Court Syllabus

In the Duke Lacrosse Frame/Hoax DA Nifong repeatedly cross the line of DA as Police Investigator I/C as he ordered DPD Officers Gottlieb and Himan to perform specific police actions like the infamous 4 April Line-up.

Nifong in his Jan 15 Motion to Dismiss claimed.

All actions of Michael B. Nifong referenced in the Amended Complaint were done in his role as District Attorney and as such are entitled to absolute immunity. Nifong Response

Hat Tips: Tidbits, sdsgo


Anonymous said...

If the Supreme Court decided Nifong os liable for his role, then why isn't Ron Hodge and the DPD also liable? This goes beyond ethics and underminds faith in the judicial system.
IMO, this is just putting a band-aid on a cancer and still does not answer why there has been no Federal Investigation.
Cline as co-conspirator should also be charged and removed from office.
What is at stake is not about what the LAX3 can sue or not sue, this is about the sanction of elected officials using their positions for their own agendas, and most definately about faith in government.

Anonymous said...

If the Supreme Court made this ruling, then why does it not apply to the DPD and Ron Hodge? And isn't this enough grounds to remove Cline from office as a co-conspirator?

Anonymous said...

Take him for everything he's got.

Anonymous said...

I do not think this is a matter of money, but of policy, protocol, ethics, and liability for using the LaCrosse players for political and personal gain.
This should set a precident not just in Durham, but nationally.

Anonymous said...

I agree with you, so why isn't the courts addressing these issues instead of doing nothing? I have no trust in our leaders or system, it is hopelessly broken.
Why don't people protest like in the past? Does anybody really care?

Anonymous said...

It will all get swept under the rug, just like they do everything. It truly disgusts me that these people are in office, and not run out of town on a rail.

Seriously, so many viewers read this site and nothing is changed. My question to each of us, including myself, is what can WE do since they WILL not? Is there a petition, can protests be planned? This goes much deeper than one case of injustice!

The list of crimes are endless, and what they perpetuate is nothing short than spitting in our faces, I am mad as hell, and want CHANGE and ACCOUNTABILITY!

I have written countless letters to the Governor, Senators, The Courts, DOJ, and my requests just fall upon deaf ears.

The public is screaming for a "FEDERAL INVESTIGATION" and all I hear is a pin drop.

Anonymous said...

The silence is deafening.

Anonymous said...

This should set a precident not just in Durham, but nationally.

Definitely. The nifongs are everywhere, polluting court rooms throughout our country.

Anonymous said...

This is the first election I have not voted for in over 20 years. I am a democrat and did not vote for Obama because he is black, but because of his background. I have lost my faith, and trust in my government, and will protest until there is indeed CHANGE!
To do nothing makes us "Sheeple!"
And I don't baaack down!

Anonymous said...

The Supreme Court, every court are all the same. Like a drawn out game of chess, only nobody wins.

It isn't a government "for the people" and is no wonder we are trillions of dollars in debt. We have allowed these leaders to do it. Remember Nixon, Clinton and numerous people remvoved from office for their crimes? This goes much deeper and epidemic.

Other nations laugh and wait for the collapse, and we just complain and do nothing. There must be protest and unity to break down walls, and we need jack hammers.

Anonymous said...

Nobody wants to do a thing Too many pockets full of dirty money they know it, and so do we.