No he has not been sued. But he could potentially be sued to the extent he stepped out of his role as prosecutor, e.g. directing the Durham police to set up a phoney lineup. I imagine that if the Duke 3 file suits, they will include him as a defendant so they can make sure Nifong doesn’t profit from any book deals. (“Here’s how I did it, by Mike Nifong”)
I read somewhere that Nifong is a Welsh name. In the early days of the hoax, there was some speculation among white supremacists that he was Jewish, since this would confirm their bias that Jewish = bad; white + gentile = good.
Edited to add: It’s possible that he has been sued and nobody knows.
Prosecutors have limited immunity. It is usually very difficult to press a suit successfully against a prosecutor. Nifong’s recent conviction on criminal charges will make a suit against him much easier to win.
The first link is about criminal prosecution, which is different.
The second one discusses statements to the press and investigative conduct, and notes:
I think there are North Carolina cases that support the defamation theory; the investigative conduct theory is based on federal cases applying federal immunity law. It’s not clear how the North Carolina courts will deal with the issue.
Er…why did you add this to an otherwise straight forward question (with a decent answer by you)? It had no relevance.
Durham County and/or the State of North Carolina are most likely protected by soverign immunity statutes. Nifong is probably similarly protected though there are malicious prosecution and/or gross negligence exceptions.
“I poked around in some records and found that the Nifongs have been in North Carolina for a long time. George Nifong, the DA’s 4th great-grandfather, is on the 1790 census in Rowan County. George’s father Balthasar came to Pennsylvania from Germany in 1748 with the last name Neufang. The name was quickly corrupted to Nifong (North Carolina branch) or Knifong (Missouri branch).”
Even if it did matter: Unless you are a mind reader, how could you ever prove to the satisfaction of a court under any standard that Nifong did it maliciously? You may have your good guesses, but how can you ever judge intent?
One way would be by the testimony his former campaign manager, who he told that he needed to win the election in order to secure a better pension. Another would be by the testimony of one of his investigators, who told “You know this means we’re fucked” early in the investigation, but proceeded anyway.