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July Events in the Case

By K.C. Johnson

All three sets of attorneys provided a forceful rebuttal to the Duke/Durham claim that the recent Iqbal decision justifies dismissal of the civil cases. In one of the briefs' better passages, "In supplemental briefs, the wrongdoers behind the Duke lacrosse case?one of the best-documented episodes of police and prosecutorial civil rights abuses in modern history?contend that their misconduct can never be the subject of a federal action because the pleading requirements of Rule 8(a) present an insurmountable barrier. They declare that the well-known facts of the Duke lacrosse case are 'implausible,' and that the Court should simply disbelieve them and dismiss the case before discovery even begins."The brief filed by disgraced ex-DA Nifong appeared to retract his apology to the falsely accused players, and his previous admission that no evidence existed to justify his procedurally improper prosecution...continue to full post

Full post as published by Durham-in-Wonderland on August 03, 2009 (boomark / email).