| Viewing Single Post From: KC responds on Iqbal | |
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| Quasimodo | Jun 29 2009, 07:35 AM |
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4.) New Item Finally, the briefs contained one new, and potentially explosive, item. In attempting to defend DPD Capt. Jeff Lamb, Kerner concedes (in perhaps the strongest manner yet from any representative of the City of Durham) that on March 24, 2006, Lamb did, in fact, inform Sgt. Mark Gottlieb that Nifong would be directing the police investigation. We still don’t know why Lamb made that decision—and Kerner doesn’t say. But her brief suggests that prevention from future civil liability might have accounted for Lamb’s very strange action. As Kerner explains, The [Ekstrand] Complaint contains no factual allegations even implying that Lamb knew, or would have any reason to know, that his agreement to have Nifong direct the investigation could create a risk of constitutional injury . . . Nifong was the District Attorney appointed to serve by the Governor, and police officers are immune from liability for taking direction from a prosecutor [emphasis added]. In other words: in violation of DPD rules, Lamb transferred the case to Nifong’s jurisdiction, and because he and his underlings were thereafter “taking direction” from the rogue “prosecutor,” they should be deemed immune from liability. I suspect this is a line of inquiry the Durham attorneys will wish they hadn’t opened for exploration, since it certainly sounds like the DPD knew it was doing something very wrong, and was desperately scrambling for a bureaucratic solution that would absolve it of future civil liability. |
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| KC responds on Iqbal · DUKE LACROSSE - Liestoppers | |
10:50 PM Nov 28
