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Originally Posted by The_Jazz
Why would they sue her? She doesn't have deep pockets? She was wrong in what you did, but civil court is almost always about recouping losses, not assigning blame.
There's going to be a case against Nifong, which will be defended by either the county or the state (depending on the set up). That will only happen after the disciplinary action. If I remember correctly, NC does not claim immunity for wrongful prosecution, but I could be wrong about that. I do know that they're on the low end of the "immunity spectrum" as far as insurance goes.
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Even if they only got $5, they can sue her for slander.
Will they? I think they might, but may just let it die.
Nifong is fucked. As far as the immunity factor, a person can sue for Malicious Prosecution in NC, however that is a sticky, sticky road and better served under the federal courts. They would have a much easier time suing for the tort of Abuse of Process, as well as Slander and/or Defamation.
If they were to sue for Malicious Prosecution, they wouldn't really achieve anything because iirc, the law excludes any damages that cannot be measured. Which is what they would be going after (loss of reputation etc)
Of course those are only a few charges that he could face in civil court. Too bad for him, he'll (hopefully) be de-barred by then.