Biden can't pardon for Civil Liability.

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Posted on 12/14/2024 5:30:47 AM PST by tired&retired

I am providing the Civil Liability case against Nifong as an example of what all the J6'rs, Trump, Navarro, Bannon, and anyone damaged by Lawfare should go after their persecutors. The can also go after the individual FBI agents, DA's, Judges, ....

All J6'rs should file a class action suit for damages.

Here is an example in the Nifong case.

Judge allows Duke lacrosse lawsuit to go forward

Published March 31, 2011

RALEIGH, N.C. – Three former Duke lacrosse players falsely accused of rape five years ago can pursue a lawsuit against the ex-county prosecutor and police investigators who handled their case, a federal judge in North Carolina ruled Thursday.

U.S. District Judge James Beaty said in his decision that the players can pursue claims such as malicious prosecution, concealment of evidence and fabrication of false evidence. He dismissed several other accusations, such as intentional infliction of emotional distress.

Richard Emery, an attorney for one of the former players, Reade Seligmann, said they are prepared to vigorously pursue the case.

https://www.foxnews.com/us/judge-allows-duke-lacrosse-lawsuit-to-go-forward/

Per the article above.

“The civil lawsuit filed in 2007 claims that Nifong and the investigators knowingly and intentionally concealed critical DNA evidence and produced a misleading DNA report. It calls the criminal case against the players “one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history.”

Among the people cited in the lawsuit are former Durham city police chief Steven Chalmers, police investigators Benjamin Himan and Mark Gottlieb. Brian Meehan — the director of DNA Security Inc., which conducted the DNA testing that proved key to unraveling the case — is also named in the suit, as is the lab. The case does not name accuser Crystal Mangum.”

“The Durham police investigators who handled the lacrosse case, Duke University and Duke President Richard Brodhead are among those who still face claims in those cases moving forward. Duke and Broadhead face claims that they abused a confidential relationship and common law obstruction of justice.

Duke spokesman Mike Schoenfeld said the university will vigorously defend the case.”

Note: I think Duke paid the guys $20 million.

Per Nifong’s Wikipedia page

Sued by players

On October 5, 2007, Evans, Finnerty, and Seligmann filed a federal lawsuit alleging that Nifong engineered a wide-ranging conspiracy to frame the players. Also named in the suit were the lab that handled the DNA work, the city of Durham, the city’s former police chief, the deputy police chief, the two police detectives who handled the case and five other police department employees. The players sought unspecified damages, and wanted to place the Durham Police Department under court supervision for 10 years, claiming the actions of the police department pose “a substantial risk of irreparable injury to other persons in the City of Durham.”

According to the suit, Nifong’s sole motive was to win support for his reelection bid; the suit alleges that Nifong told his campaign manager that the case would provide “’millions of dollars’ in free advertising.” This allegation is confirmed by The New York Times, and by an interview with Nifong’s campaign manager. Nifong asked the state attorney general’s office and the Administrative Office of the Courts to pay his legal fees and help defend him, but both offices refused on the grounds that Nifong’s actions involved “fraud, corruption (and) malice.”

A settlement was reached in 2014 in which Nifong made a $1,000 donation and the city of Durham made a $50,000 donation to the North Carolina Innocence Inquiry Commission.

Bankruptcy filing On January 15, 2008, Nifong filed for bankruptcy under Chapter 7 of the Bankruptcy Code. He listed assets of almost $244,000 and liabilities of over $180.3 million, virtually all of which derived from six $30 million “unsecured nonpriority claims”, one for each of the six members of the 2005–06 Duke lacrosse team suing Nifong, among others.

While the bankruptcy filing automatically delayed the civil suit against him, it may not protect Nifong from civil liability for his actions in the case. Unsecured creditors can still pursue claims against someone filing for bankruptcy if the debt was incurred through “willful and malicious injury” to them.

Seligmann’s attorney, noted Triangle lawyer David Rudolf, said that the players intend to pursue such a claim.

According to at least one bankruptcy law expert, Nifong’s bankruptcy filing was a tacit admission that he does not have the resources to defend himself against the players’ civil suit, and is trying to protect what assets he is allowed to protect under the law. On March 11, 2008, the Bankruptcy Administrator recommended that Nifong’s Chapter 7 bankruptcy case be dismissed or converted to a Chapter 13 bankruptcy case because Nifong earned income above the requirement set forth in the means test to be eligible to file a Chapter 7 bankruptcy case.

However, the Bankruptcy Court ultimately held that Nifong was eligible to be a debtor in a Chapter 7 bankruptcy case and granted him a bankruptcy discharge on June 4, 2008. Later that same year, Judge William L. Stocks lifted the automatic stay imposed by Nifong’s bankruptcy filing, and announced that the plaintiffs could pursue their lawsuit.

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To: tired&retired

2 posted on 12/14/2024 5:34:40 AM PST by tired&retired (Blessings )

To: tired&retired

3 posted on 12/14/2024 5:36:26 AM PST by tired&retired (Blessings )

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