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That summary judgment thing...
Topic Started: Mar 17 2014, 08:57 AM (113 Views)
Quasimodo

Wasn't this already decided in a legal process?



Quote:
 

Based upon the preceding FINDINGS OF FACT, the Hearing Committee makes the following

CONCLUSIONS OF LAW

(a) By making statements to representatives of the news media including but not limited to those set forth in paragraphs 17-35, 37-42, 49,50, 61,62, and 76, Nifong made extrajudicial statements he knew or reasonably should have known would be disseminated by means of public communication and would have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter, in violation of Rule 3.6(a), and made extrajudicial statements that had a substantial likelihood of heightening public condemnation of the accused, in violation of Rule 3.8(f) of the Revised Rules of Professional Conduct.

(snip)

(d) By falsely representing to the Court and to counsel for the Duke Defendants that he had provided all discoverable material in his possession and that the substance of all Dr. Meehan's oral statements to him concerning the results of all examinations and tests conducted by DSI were included in DST's written report, Nifong made false statements of material fact or law to a tribunal in violation of Rule 3.3(a)(1), made false statements of material fact to a third person in the course of representing a client in violation of Rule 4.1, and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation in violation of Rule 8.4(c) of the Revised Rules of Professional Conduct.

(e) By representing or implying to the Court that he was not aware of the existence on rape kit items of DNA from multiple unidentified males who were not members of the lacrosse team and/or that he was not aware of the exclusion of that evidence from. DSI's written report at the beginning of the December 15, 2006, hearing, Nifong made false statements of material fact or law to a tribunal in violation of Rule 3.3(a)(1) and engaged in conduct involving dishonesty, fraud, deceit or misrepresentation in violation of Rule 8.4(c) of the Revised Rules of Professional Conduct.

(snip)

(g) Each of the violations set forth above separately, and the pattern of conduct revealed when they are viewed together, constitutes conduct prejudicial to the administration of justice in violation of Rule 8.4(d) of the Revised Rules of Professional Conduct.

Based upon the foregoing findings of fact and conclusions of law, the fearing Committee makes by clear, cogent, and convincing evidence, the following additional

FINDINGS OF FACT REGARDING DISCIPLINE

(snip)

4. Nifong's misconduct resulted in significant actual harm to Reade Seligman, Collin Finnerty, and David Evans and their families. Defendant's conduct was, at least, a major contributing factor in the exceptionally intense national and local media coverage the Duke Lacrosse case received and in the public condemnation heaped upon the Duke Defendants. As a result of Nifong's misconduct, these young men experienced heightened public scorn and loss of privacy while facing very serious criminal charges of which the Attorney General of North Carolina ultimately concluded they were innocent.

(snip)

Signed by the Chair with the consent of the other hearing committee members, this the 10th day of July, 2007.

F.Line Williamson
Chair, Disciplinary Hearing Committee

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Quasimodo


Anyone whose actions contributed to Nifong's infliction of "significant" (NOT "insignificant") harm to the plaintiffs,
would also be liable for same, imho.

Ergo, why relitigate (or even determine that the plaintiffs, in the "motion to dismiss" phase, have not
sufficiently alleged that they suffered significant harm, for their claims to be permitted to proceed)?

Wasn't that ripe for summary judgment, in the name of judicial economy?

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