A bit about lawsuits

For months readers have been asking concerning the Duke Hoax: Where are the lawsuits?

I’ve said nothing, although I’m very sympathetic with the questioners.

The Duke students, their families and the public have received in many instances extremely foul treatment from authorities and institutions they had every right to expect would treat them fairly, honestly and legally.

Regarding David Evans, Collin Finnerty and Reade Seligmann there is already at hand extensive prima facie evidence they are felony crime victims of Durham DA Mike Nifong, certain Durham police officers and others.

So where are the lawsuits?

I’m going to say a few things in response to the question, but first some qualifications of what I’ll say.

I’m not an attorney.

Other than knowing what we are all hearing – that a number of lawsuits are coming - I’m not privy to the plans of anyone who has standing to bring the suits we’ve heard discussed.

What I’m going to say is not meant to be comprehensive.

It’s meant to respect reader questions by offering “at least a few thoughts” about what JinC readers keep asking.

What follows is best thought of as something like a few sketch lines at the start of a drawing.

Now here goes ----

If you’re going to bring a civil suit against someone who’s committed crimes against you, you want to make sure you don’t do anything with a civil suit that would interfere with a criminal prosecution.

Something else: often with civil suits, waiting can have a big payoff.

Suppose, for instance, you believe a police department spokesperson deliberately gave out false information to the public saying you’d committed a crime, and the police spokesperson’s supervisors did nothing to correct what their department spokesperson said and discipline the officer.

You want to bring a libel suit against the officer, his supervisors and the department.

But you have to prove your case, unless before you bring suit the officer and his supervisors admit to what they did or are convicted of doing it.

In that case, aren't you glad you followed your attorney's advice and waited?

You're now in a very different and easier position. You’re task now is primarily to show you were harmed and establish what needs to be done as a result.

Something else and then I’ll be done for today ---

In the case say, of libel suits, courts and juries often look at what you did before you brought suit. Did you inform the respondent you believed you’d been libeled and ask for some type of correction? Was you request persuasive? Did you give the respondent time to respond? And so on ……

Folks, there are a few sketch lines and nothing more.

I hope they helped some of you who very rightly want to see as much justice as possilbe wrung from this terrible series of injustices launched when Crystal Mangum gave her false witness, and many others began conspiring and enabling.