Should the Duke players sue the DA?

Question

Now that it has been found out that the Duke Lacrosse players were innocent and the woman manufactured the entire story, should the 3 wrongly prosecuted players sue the overzealous Durham DA Nifong?

The students themselves said they never knew this kind of injustice and railroading existed until it happened to them. They are rich, connected white kids. Imagine if they were not, and imagine how many others don't have the same resources they do if this were to happen to them? It does happen to others.

I feel that these students, now with the knowledge that this sort of injustice happens, have a duty to pursue a case against both the woman accusing them, and more importantly against the DA that wrongly prosecuted them. If they do not do this, they are basically letting the injustice pass, and well as any similar injustice in the future. Once exposed, this sort of thing needs to be remedied and a lawsuit would be a big first step.

MSI Cord, MLaw Arch, the prosecution has LIMITED immunity, not complete. they can be sued under certain circumstances, and from the gross negligence in this case, this fits those circumstances.

Steve C, while this particular case landed those 3 in jail, my point is that this sort of thing happens in other places, as well, to people with much less resources. So, perhaps they need to not be myopic and think of society when deciding, since they are now in a very unique situation with the ability to help others.

In my opinion, the woman should be the first on the list, secondly the DA, later on, Duke for rushing to judgement when they had no proof.

Josh, I agree, and they obviously did not have enough evidence, or did not truly investigate this case. When an accusation is made, the police and DA need to take it seriously, but also need to investigate the accuser and see if there is any possibility or motivation to lie...not just charge on ruining people's lives since they think they have prosecutional immunity.

Answer 1

Of course -- both the DA and the accuser. They should have to spend the rest of their lives reimbursing those young men for all that they put them through.

Answer 2

I'd say that depends on whether it appears that the DA went ahead with the prosecution despite a lack of evidence.

If there was reason to persue the prosecution, then tough cookies.

If it can be proven that there was never sufficient evidence to prosecute, then sue the pants off him. Sue the county too.

Answer 3

They could, but it would be a tough road. A DA like most other government employees has limited immunity. You cannot sue a DA simply because charges were dropped or you were found innocent. You must prove that the DA was grossly negligent in his or her duties, which is very difficult.

Answer 4

It depends. I think they definitely have the right to sue the DA, as he grossly mismanaged the case, but that will just further drag out a part of their lives that they would probably rather put behind them. While they can sue, they have no moral obligation to society to sue, as it was their lives that were affected.

Answer 5

The DA, the city, the county, the state, the idiots professors that demonized them, the stripper that lied about them. Throw a wide net and take em all down.

Answer 6

Well said.

I think we're going to see a couple of lawsuits. The DA and Duke University.

Answer 7

Yes they should. Nifong should be facing both civil & criminal charges. If justice is served, he will share a cell with someone he prosecuted.

Answer 8

What I want to know is did anything happen to the woman? Are woman allowed to just scream RAPE and not be held accountable if they just blatantly lie?

Answer 9

Prosecutors have legal immunity from suit for filing of charges.

If they didn't everybody who was acquitted would sue them.

Answer 10

YES and they also should sue her . She should do some time. You just shouldn't be able to do that.