Duke Case Liability Situation

Any particular reason you didn't post a discussion of legal liability in the Legal Forum?

Nemmind.

We'll see who's laughing at this one in about three or four months.[/quote

as long as they get my name right on the check.... :wink:

The idea that a district attorney cannot be sued is one of those theories which, in real life, can only be stretched so far. Much of what I read indicates that not only is Mike Nifong way beyond the breaking point on that one, but that the city of Durham NC itself and Duke University itself are facing major kinds of legal liabilities in the lacrosse case.

An article on Lew Rockwell's site spells out the liabilities which president Brodhead and other members of the administration and faculty of Duke face:

http://www.lewrockwell.com/anderson/anderson164.html

As that article notes, Duke has legal liabilities which might be big enough to shut the place down.

They were contractually obligated to protect those kids on the lax team, and not to aid and abet black panthers talking about beating confessions out of them, people posting wanted posters with their pictures over the campus, chanting "CASTRATE" at them, or teachers calling them rapists in their classrooms.

At the least, I would anticipate a massive class action lawsuit as soon as the Nifong "rape" case is shut down.

It also seems at least theoretically possible that the administration of Duke and some of its faculty could be charged with conspiracy to commit assault. Assault is usually construed to mean simply placing another person into a situation in which he could reasonably expect to get hurt or be harmed.

There were about 45 of those lacrosse players and not 3, and all of them suffered from this thing. The lawsuits you will shortly start to see will probably involve all members of the team and you will probably start to see this as soon as whatever is left of Fong's case is shut down.

A leftist prof calling a student a rapist in his/her classroom or basically inviting the black panthers onto campus to beat confessions out of 45 members of an athletic team is not free speech, and particularly not when the university is contractually obligated to protect those students, and not to engage in witchhunts against them.

At least one of those players and his father both were getting death threats and told they were "dead men walking" at the Durham courtroom. That isn't "free speech".

This case has it all, and sort of distills everything which most people hate about the demokkkrat party, mainly the racism and gangsterism, into a sort of a pure essence. A kind of a midieval morality play in a little southern town.

The most interesting thing you heard on that 60-Minutes take last night was the question of the two suspended players going back to Duke. The one father, Finnarty, basically laughed the idea off, and you have to assume that the parents of every kid in America with any thoughts about going to Duke were watching that, and that they're having to think really hard about the idea at this point.

My own view is that the lax players are going to be compensated at least for real damages from Duke, that Duke is going to have to make major changes including shitcanning its president (Brodhead) and about a hundred leftover stalinist profs, and then move, and they don't have more than a year or so to get started with it. I can't imagine a parent in his right mind sending a kid to school anywhere near Durham NC at this juncture.

Besides that, both the Fong, everybody in the Fong's office down to the janitors, and the city of Durham are going to get sued big time and possibly into oblivion, and they richly deserve it.

After the case is dropped and the three young men are cleared,I have a question.

Where do they go or who do they sue to get their good reputations back?

The case has the nuts out in force. That is for sure. And the kkk seems to be a strong driving force of those nuts..

I was saddened by reading these two letters from the "Group of 88"/"Group of 87 (90?)". I am glad that I didn't send my daughter to the Trinity last year.

Both my husband and I had parts of our postdoctoral training (Geophysics, Neuroscience) at this beloved university and had cherished experiences there. Naturally, Duke was one of universities that our daughter applied for last year. 4 top universities accepted her, including Duke. Duke invited her to visit the campus with all cost paid (airline ticket, etc.) in early April and she went. She really liked this university and has had her childhood memory there. However, with the unfolding of the lacrosse case, my whole family was very disappointed by the way that the university treated its own students. We couldn't let her go to a school in a community filled of racism, where her safety could be in jeopardy. More importantly, we couldn't send her to a school whose administration would not stand up for her constitutional rights. At the end, she chose another great school and has been very happy there. It was not an easy decision for us to make because we know that Duke has been/still is a very good university. Other than those arrogant "88/87 (90?)", there are many great faculties at the university. My hearts and thoughts go to the Duke Three and their families and the university.

I still see this one as the beginning of the end for the "new left" and their PC fellow travellers.