Major Ruling In Duke Lacrosse Player Case Against Nifong – With Video
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Three former Duke University lacrosse players cleared of rape charges brought by former prosecutor Michael Nifong can proceed with their lawsuit against him outside bankruptcy court, a judge ruled.
The former North Carolina district attorney, who lost his law license for mishandling the criminal case against the players, sought bankruptcy protection Jan. 15 in Durham, North Carolina. Nifong filed for Chapter 11 protection in hopes of ending the players’ legal claims against him.
“It is clear that all of the claims should be tried in the same case in the same court in the interest of judicial economy and to avoid unnecessary and undue burden on the parties,” U.S. Bankruptcy Judge William Stocks said in papers filed today.
Under bankruptcy law, all litigation against a company or individual who seeks protection is put on hold while the case is pending. A judge can grant a request to allow the claims to proceed outside bankruptcy court in some instances.
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The three students were indicted after a Durham woman alleged she was raped at a March 2006 team party. The charges were later dropped and the players sued Nifong for prosecutorial misconduct. Collin Finnerty, David F. Evans and Reade Seligmann are listed as unsecured creditors, each owed $30 million, in Nifong’s bankruptcy filing.
Constitutional Violations?
Richard Emery and Brendan Sullivan, two attorneys for the former players, didn’t immediately return calls for comment on Stocks’s ruling. Neither did James Craven, a Durham-based bankruptcy lawyer representing Nifong.
The players in October sued Nifong, the city, police officers and lab personnel in federal court in Durham, asking for unspecified damages. The players based their claims on a law that allows suits against public officials in federal court for violating their constitutional rights.
The three players, all white, were indicted in April 2006 after Nifong concluded a monthlong investigation into the alleged assault on a 27-year-old black exotic dancer. Nifong was criticized for bringing the case without sufficient evidence and inflaming racial animus in Durham.
State prosecutors took over the case in January 2007 at Nifong’s request after he was accused of unethical behavior during the probe. State officials later dropped the charges, and Nifong was disbarred.
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