| Nifong bankruptcy ruling | |
|---|---|
| Topic Started: Dec 4 2008, 04:47 PM (1,796 Views) | |
| Kerri P. | Dec 4 2008, 04:47 PM Post #1 |
|
http://www.wral.com/news/local/story/4079161/ Federal judge upholds Nifong bankruptcy ruling Posted: 17 minutes ago Updated: 7 minutes ago Greensboro, N.C. — A U.S. District Court judge has agreed with a bankruptcy judge's ruling that a civil rights lawsuit against Duke lacrosse prosecutor Mike Nifong can move forward. The former Durham County district attorney filed for bankruptcy in January, which temporarily protected him from the civil litigation brought by the three Duke University lacrosse players prosecuted on charges of rape, sexual assault and kidnapping. Following a bankruptcy hearing in February, U.S. Bankruptcy Judge William L. Stocks put the bankruptcy case on hold until the civil action was resolved. In June, Nifong appealed Stocks' ruling. But U.S. District Judge James Beaty, in his ruling Thursday, agreed with Stocks that if the claims against Nifong result in a judgment, the matter would then be referred to bankruptcy court for further proceedings. Nifong won indictments against David Evans, Collin Finnerty and Reade Seligmann after a stripper hired to perform at a March 2006 team party reported being raped. But the case unraveled in the face of the accuser's constantly changing story and a lack of evidence. The state prosecutors who eventually took over the case dropped all charges and declared the players innocent victims of Nifong's "tragic rush to accuse." He was later disbarred for his handling of the case and spent a night in jail for lying to a judge. Nifong’s January bankruptcy filing came on the same day he and others involved in the criminal case were to submit responses to the players' federal lawsuit. Nifong listed Evans, Finnerty and Seligmann, as well as three other members of Duke University's 2006 men's lacrosse team who filed a separate federal lawsuit — as unsecured creditors, each owed $30 million. More than 30 other lacrosse players from that team are also listed as creditors, each owed $1; the North Carolina State Bar, owed $8,397.71 for costs related to his disbarment; and nearly 70 other people involved in or associated in some way the nearly yearlong criminal investigation. ------------------------------------------------------------- ETA: Here's the pdf file of the judge's ruling in today's case. http://www.wral.com/asset/news/local/2008/12/04/4079183/Nifong_bankruptcy_12_04_08.pdf Edited by Kerri P., Dec 4 2008, 04:50 PM.
|
 |
 
|
| sceptical | Dec 4 2008, 04:54 PM Post #2 |
|
Score one for our side!!  Now Nifong will have to present an answer to the charges against him in the suits. Edited by sceptical, Dec 4 2008, 04:55 PM.
|
|
|
|
| Baldo | Dec 4 2008, 05:14 PM Post #3 |
|
Nifong was heard mumbling "I'm F*cked!" Everyday for the rest of your life! 
|
|
|
|
| sceptical | Dec 4 2008, 05:35 PM Post #4 |
|
Published: Dec 04, 2008 04:23 PM Modified: Dec 04, 2008 04:39 PM Judge rejects Nifong's bankruptcy request By Anne Blythe, Staff Writer http://www.newsobserver.com/news/story/1320703.html A federal judge on Thursday rejected the appeal of fallen prosecutor Mike Nifong to keep his case in bankruptcy court. The ruling opens the door for the three exonerated lacrosse players to again pursue malicious prosecution allegations against the former district attorney. In October 2007, Dave Evans, Collin Finnerty and Reade Seligmann filed suit against Nifong, the city of Durham and its police department. The players claimed they suffered personal injury and emotional distress while the prosecutor, police and city pushed ahead with a gang-rape case that was flawed from the start. In their civil suit, the players allege the concealment and fabrication of evidence, the utterance of false public statements, witness tampering and obstruction of justice. In a hearing Thursday before James A. Beaty, the federal district court judge assigned to the case, Jim Craven, the lawyer representing Nifong, disputed the players’ claims of personal injury. It was because of those claims that a federal bankruptcy court judge decided this spring to send the case back to federal District Court, where such issues are usually decided. Nifong filed for bankruptcy protection on Jan. 15, a legal maneuver that put the players’ case on hold for months. In the bankruptcy filing, Nifong listed assets of $243,898 and the potential debt of $180.3 million — including $30 million to each of the lacrosse players who had sued him at the time. Bankruptcy rules would not have protected Nifong if a judge found that he willfully and maliciously prosecuted the players. So attorneys for the players argued that those legal matters should be heard first. Only three members of the 2006 Duke lacrosse team have not filed suit. The players spent nearly 13 months fighting charges that were dropped in April 2007 by state Attorney General Roy Cooper. Cooper took the unusual additional step of specifically declaring them innocent of the crimes alleged by an escort service dancer hired to perform at a lacrosse team party in March 2006 |
|
|
|
| Acc Esq | Dec 4 2008, 05:57 PM Post #5 |
|
By adding alternative grounds for affirming the Bankruptcy Court and maintaining jurisdiction of the civil suits against Nifong, which he had the independent authority to do, Judge Beaty made it a very difficult decision to appeal and almost impossible to reverse. A very canny legal ruling. |
|
|
|
| Baldo | Dec 4 2008, 06:05 PM Post #6 |
|
 "the disgraced, disbarred, disheveled, and former Durham DA Nifong has lost in his bid to hide behind bankruptcy to avoid civil lawsuits." I couldn't resist! http://liestoppers.blogspot.com/2008/12/nifong-loses-again-in-bankruptcy.html |
|
|
|
| Kerri P. | Dec 4 2008, 06:07 PM Post #7 |
|
Thanks Baldo, I've just gone blind. 
|
|
|
|
| wingedwheel | Dec 4 2008, 06:13 PM Post #8 |
Not Pictured Above
|
|
|
|
|
| sdsgo | Dec 4 2008, 06:18 PM Post #9 |
|
This was an even better ruling than expected. By taking Judge Stocks’ traditional versus non-traditional physical injury issue off the table, Judge Beaty made today’s ruling virtually appellate-proof. The appellate court would look at the physical injury issue as a question of law to be reviewed de novo, whereas Judge Beaty’s decision based on judicial economy could only be challenged for abuse of discretion.
Edited by sdsgo, Dec 4 2008, 06:20 PM.
|
|
|
|
| ~J~ is in Wonderland | Dec 4 2008, 06:21 PM Post #10 |
~J~ is in Wonderland
|
Thanks sdsgo 
|
|
|
|
| Bill Anderson | Dec 4 2008, 07:39 PM Post #11 |
|
Sorry, Mikey! You is toast!
|
|
|
|
| Kerri P. | Dec 4 2008, 08:52 PM Post #12 |
|
http://www.durhamwonderland.blogspot.com/ From KC: Nifong Loses Ruling Unsurprisingly, Judge James Beaty has upheld the ruling of a bankruptcy judge denying Mike Nifong's efforts to use the bankruptcy law to get out of the civil suit. Posted by KC Johnson at 5:37 PM 2 comments Labels: civil suit Edited by Kerri P., Dec 4 2008, 08:53 PM.
|
|
|
|
| Seen the Light | Dec 4 2008, 09:00 PM Post #13 |
|
Specifically, the Court notes that the underlying claims against the Debtor are non-core matters for which a jury trial has been demanded, and the existence of parallel proceedings in the Bankruptcy Court and in this Court in these circumstances would result in confusion, delay, unnecessary duplication of effort and inefficient use of the parties’ and the Court’s resources. I love that. Looks like Mike might be getting the idea that the stalling won't work anymore. Now let's see if the rest of Durham will. 
|
|
|
|
| sceptical | Dec 4 2008, 09:06 PM Post #14 |
|
Here is a conversion of the ruling from pdf to text: This matter is before the Court on a Bankruptcy Appeal filed by Debtor Michael B. Nifong, Case Number 1:08CV441. In this appeal, Appellant Nifong challenges the May 27, 2008 decision by the Bankruptcy Court which concluded that the claims asserted against Mr. Nifong in the underlying case of Evans v. City of Durham (1:07CV739) should be considered “personal injury tort claims” that must be tried in the district court under 28 U.S.C. § 157(b)(5). This appeal came before the Court for a hearing on December 4, 2008. The Court has considered the briefs filed by the parties and the arguments made by the parties at the hearing on this appeal, and the Court has undertaken a review of the Bankruptcy Court’s determination in this matter, reviewing findings of fact for clear error and conclusions of law de novo. Based on this review, the Court concludes that the Bankruptcy Court’s determination was correct, based on the weight of authority presented. Therefore, the Court will affirm in full the Case 1:08-cv-00441-JAB Document 14 Filed 12/04/2008 Page 1 of 2 2 Bankruptcy Court’s decision of May 27, 2008. Moreover, as discussed at the hearing on this appeal, the Court further notes that even if the claims in the underlying Evans action were not considered “personal injury tort claims” under 28 U.S.C. § 157(b)(5), this Court would in any event, on its own motion, withdraw from the Bankruptcy Court the reference of that underlying dispute, pursuant to 28 U.S.C. § 157(d), for cause, in light of the nature and scope of the underlying claims asserted in the Evans case, and the existence of ongoing proceedings in this Court in that case. Specifically, the Court notes that the underlying claims against the Debtor are non-core matters for which a jury trial has been demanded, and the existence of parallel proceedings in the Bankruptcy Court and in this Court in these circumstances would result in confusion, delay, unnecessary duplication of effort and inefficient use of the parties’ and the Court’s resources. The Court further notes that, consistent with the Bankruptcy Court’s ruling, if the claims against the Debtor are ultimately reduced to judgment, that judgment would then be referred to the Bankruptcy Court for further proceedings and determinations as appropriate in the Bankruptcy Case, including the Dischargeability Proceeding that was stayed by the Bankruptcy Court’s May 27, 2008 Order. IT IS THEREFORE ORDERED that the May 27, 2008 decision of the Bankruptcy Court is AFFIRMED, and the Clerk is directed to enter Judgment in this Appeal pursuant to this determination. This, the 4th day of December, 2008. |
|
|
|
| sceptical | Dec 4 2008, 09:15 PM Post #15 |
|
Mike has some decisions to make in light of this ruling: First, will he appeal it? That would delay the proceedings but it would cost him additional legal fees and, as others have pointed out, Judge Beaty's decision is probably bullet-proof. Second, will he now have to file responses to the 3 pending civil rights lawsuits against him? He used bankrupcy as an excuse when these responses were due before. He is in a real quandry-- will he admit the charges against him, will he blame others e.g. Gottlieb, Levicy, or Crystal, or will he offer up excuses like he did at the NC Bar hearings? Finally, how is he paying for what will now be rapidly expanding legal bills? I doubt Mr. Nifong will sleep soundly tonight. |
|
|
|
| Kerri P. | Dec 4 2008, 10:18 PM Post #16 |
|
There aren't enough sleeping pills in the world that will help him have a good night sleep. This couldn't happen to a nicer guy.  Nifong was the election for D.A. really worth all of this?
Edited by Kerri P., Dec 4 2008, 10:20 PM.
|
|
|
|
| Quasimodo | Dec 4 2008, 10:24 PM Post #17 |
|
I have no idea; but I think the answer would be interesting. I also wonder if someone pays his bills for him, if that would count as a "gift" under IRS regulations? (just wondering...) I think he may appeal, because his entire intent may be just to stall...and stall...and stall... and maybe he is useful to the other defendants in that way. (JMOO, the ramblings of a rattled brain, of course...for discussion purposes only...) Edited by Quasimodo, Dec 4 2008, 10:25 PM.
|
|
|
|
| MikeZPU | Dec 4 2008, 10:26 PM Post #18 |
|
Not only is this a blow to Nifong, I think it is a blow to a coordinated defense strategy involving the Durham City defendants and the DPD as well. Mikey: remember when you met with the defense lawyers early on -- when they were telling you that your public statements and actions were way ahead of the evidence -- and you put your hand over you ears, saying you knew a lot more about the case than they did ... Do ya' think that, in hindsight, maybe, just maybe, you should have read the case file ... Edited by MikeZPU, Dec 4 2008, 10:27 PM.
|
|
|
|
| Kerri P. | Dec 4 2008, 10:30 PM Post #19 |
|
Update from the WRAL http://www.wral.com/news/local/story/4079161/ U.S. judge gives green light for suit against Nifong Posted: Today at 4:26 p.m. Updated: 24 minutes ago |
|
|
|
| Baldo | Dec 4 2008, 11:10 PM Post #20 |
|
Somewhere Kirk Osborn is having quite a laugh. "If I were him, I wouldn't want to be trying the case against me either. ... The best comment I ever heard about Kirk was he was the best-dressed public defender in North Carolina." Nifong http://www.newsobserver.com/news/crime_safety/duke_lacrosse/v-print/story/493316.html Well Nifong you now have the opportunity to show how good of a disbarred attorney you are and defend yourself. I am sure Sullivan, Scheck. Emery, Cooper, Kirk, and Ekstrand will take you up on it! |
|
|
|
| Deleted User | Dec 5 2008, 12:31 AM Post #21 |
|
Deleted User
|
Sometimes, my capacity for Schadenfreude amazes me. I still remember reading about the execution of Chauchesku (Romanian dictator), and being happy about it. The guy had been shot like a rabid dog. Now, speaking about Nifong...
|
|
|
|
| MikeZPU | Dec 5 2008, 01:29 AM Post #22 |
|
Wow! I have encountered a number of arrogant people in my life, but in terms of the ratio of arrogance to intelligence, Nifong has them all beat by a mile -- it's not even close. Edited by MikeZPU, Dec 5 2008, 01:30 AM.
|
|
|
|
| Baldo | Dec 5 2008, 02:08 AM Post #23 |
|
I think you just invented a new mathematical relationship - the ratio of arrogance to intelligence Shall we call it the Nifong Law of Inverse Stupidity. It fits well under Nifongian Mathematics! |
|
|
|
| DANinZA | Dec 5 2008, 02:15 AM Post #24 |
|
He could resell his remaining guitars, and cash in his "million dollars of free publicity"! That should pay his legal fees for a while - NOT 
|
|
|
|
| MikeZPU | Dec 5 2008, 02:41 AM Post #25 |
|
Some interesting aspects of Nifongian mathematics: 20 rapists is equal to 3 rapists 4 photo-based suspect IDs is equal to 3 photo-based suspect IDs 2 non-exclusion DNA results is equal to 1 non-exclusion DNA result (Dave Evans and Kevin Coleman) 13 months of causing undue fear and hardship is equal to 1 day in jail and 3 guitars Nifongian logic is even less well-understood. Edited by MikeZPU, Dec 5 2008, 03:06 AM.
|
|
|
|
| Baldo | Dec 5 2008, 08:51 AM Post #26 |
|
Clearly a man far in advance of his time. Move aside Newton and Pascal. The theory of Parallel Universes comes into play. Durham vs the World But I think all of it is covered by the law of Absolute Stupidity and Chutzpa. Who else would create the novel legal theory for a DA in Discovery "if I haven't read it how can I be responsible? oh wait that was the Geil case! |
|
|
|
| Truth Detector | Dec 5 2008, 09:16 AM Post #27 |
|
Being a great research institution, Duke surely will want to start a new program in Nifongian Mathmatics. There are at least 88 professors there willing to write the curriculum. |
|
|
|
| MikeZPU | Dec 5 2008, 10:46 AM Post #28 |
|
|
|
|
|
| Deleted User | Dec 5 2008, 10:58 AM Post #29 |
|
Deleted User
|
They already have several such departments. Womens' Studies, AA Studies, etc. They do not need to create any new departments; they only need to change the name(s)! 
|
|
|
|
| maggief | Dec 5 2008, 11:24 AM Post #30 |
|
Mikey's been nifonged! Karma's a bitch.
|
|
|
|
| Payback | Dec 5 2008, 11:34 AM Post #31 |
|
Are we allowed to apply it to Brodhead? |
|
|
|
| Baldo | Dec 5 2008, 12:57 PM Post #32 |
|
Nifong Law of Inverse Stupidity - the ratio of arrogance to intelligence Brodhead corollary; Arrogance is as Arrogance does. Example: A humble man when confronted with a moral dilemma takes the path of honesty. An arrogant man aligns himself with what he thinks is best for himself. It is not about the truth. Elmo vs Brodhead. Who came out on Top? |
|
|
|
| Sydney Carton | Dec 6 2008, 04:50 PM Post #33 |
|
comelately: I still remember reading about the execution of Chauchesku (Romanian dictator), and being happy about it. The guy had been shot like a rabid dog. Now, speaking about Nifong... SC Say,CL,just read about? I had the good fortune to see it broadcast live on BBC,one glorious Christmas morning. His wife,who was as wicked as he was,kept smirking at the liberators; told them she was really their little mother.That remark got her instantaneously shot. This family had starved and tortured millions of their own people.They lived on a scale of luxury surpassing the Clintons.They closed the Churches,killed many of the priests and built cathedrals to themseves .They decorated the new "churches" with exotic jewelled "icons" of their own blood. They did not leave a single admitted acolyte behind them. No,Jez,I am not always opposed to capital punishment. |
|
|
|
| Tidbits | Dec 7 2008, 01:54 AM Post #34 |
|
Nifong's threat is not primarily to Nifong. It is to the other defendants. The ones with money and reputation. Put yourself in their shoes. What will Nifong do? Will it hurt you? Yes. What can you do to stop him from hurting you, or to minimize the damage? Any ideas? ------- Will they hire a lawyer for Nifong? One who will control him? Will they hire a hit man? Will they buy him a villa in Brazil, and give him a one way ticket? |
|
|
|
| Tidbits | Dec 7 2008, 01:57 AM Post #35 |
|
One idea. Maybe the best. Pay Nifong, in unmarked bills, to plead the 5th and refuse to answer or testify. |
|
|
|
| JSwift | Dec 8 2008, 08:09 PM Post #36 |
|
The plaintiffs in Evans filed a motion on December 5 to reopen the case as to Nifong. Counsel for plaintiffs and Nifong have agreed to a January 15, 2009 deadline for his response--one year after the initial deadline. Justia link |
|
|
|
| Quasimodo | Dec 8 2008, 08:59 PM Post #37 |
|
Justice delayed is justice denied. ------------- A lie cannot live. Injustice anywhere is a threat to justice everywhere. A right delayed is a right denied. He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it. --(MLK) |
|
|
|
| longstop | Dec 8 2008, 11:19 PM Post #38 |
longstop
|
http://www.youtube.com/watch?v=AHChc2I7FKk&feature=related I wonder if after this ruling Nifong ever suffers from the ...............................? http://www.youtube.com/watch?v=ZvNO0BfBecc Edited by longstop, Dec 8 2008, 11:25 PM.
|
|
|
| 1 user reading this topic (1 Guest and 0 Anonymous) | |
| « Previous Topic · DUKE LACROSSE - Liestoppers · Next Topic » |
5:03 PM Feb 9
