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Durham's Vanishing Comma

By K.C. Johnson

A few weeks back, Durham attorneys filed a motion requesting summary judgment regarding elements of the civil suits dealing with state law. They cited a recent decision, Pettiford v. City of Greensboro, to contend that they had immunity. The basic argument: the city has immunity from state-based tort claims, since Durham?s insurance policies were written in such a way not to pierce the immunity the city enjoyed. At the time, several commenters pointed out that the city?s filing seemed unusually cogent. In sharp contrast to the run-of-the-mill argument from Durham (i.e.: state law says Mike Nifong wasn?t supposed to supervise a police investigation, and therefore Durham can?t be sued for results from the city?s decision to allow him to supervise a police investigation), the Durham filing looked as if had offered an intellectually consistent and on-point claim...continue to full post

Full post as published by Durham-in-Wonderland on December 10, 2008 (boomark / email).