Blue Devils Not So Devilish After All

That was some dog and pony show, Mr. Nifong.

Take cover everyone. The civil litigation is about to hit the fan.

4 Comments

  1. JRB

    Who will sue whom?

    From the sidelines without a lot of factual insight:

    1. Players v. District Attorney for wrongful prosecution?

    Success is unlikely before prosecutorial discretion and sovereign immunity.

    2. “Victim” v. Players for assault and battery or other torts?

    Sucess is more likely than criminal prosecution because of a lower standard of proof, but they will be hard pressed to show a preponderance of evidence, because if the DA had ANYTHING, he would have proceeded.

    3. Players & Parents v. University for bothching the response, breach of contract and torts of defamation, inteference with business relationship?

    Success on the merits is unlikely, because the players will have a hard time finding a legal theory to stick. Settlement is likely in their favor, however, because the University will want to avoid the headache.

  2. Mike the Eyeguy

    Probably some tangled web comprised of all of the above. All I know is, safety goggles will be advisable.

    Thanks for the insights. I would be interested in reading your take on all this at length if you get a chance to post about it.

  3. Nancy

    That was so amazing. How gratifying that they’ve been called “innocent,” though. How awful that it went on for so long.

    Bleh,
    n

  4. Mike the Eyeguy

    Yes, I noticed that the new DA took great care to declare their innocence formally (and that should have been the presumption all along).

    What a contrast to Nifong who practically tried and convicted them from the get-go.

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