Duke prosecutor removed from lawsuit

A federal judge has removed the disgraced Durham County prosecutor from a lawsuit filed by three Duke University lacrosse players falsely accused of rape.

Former District Attorney Mike Nifong filed for bankruptcy two weeks ago, citing more than $180 million in liabilities. Almost all of that amount is the estimated damages from pending litigation.

U.S. District Judge James Beaty left open the possibility that Nifong could again become a defendant in the suit.

Nifong won indictments against the three players after a stripper hired to perform at a March 2006 team party reported being raped, but the case unraveled in the face of the accuser's changing story and a lack of evidence.

The state prosecutors who eventually took over the case dropped all charges and declared the players innocent victims of Nifong's "tragic rush to accuse." He was later disbarred for his handling of the case and spent a night in jail for lying to a judge.

Attorneys for players Reade Seligmann, Collin Finnerty and Dave Evans later sued Nifong, the city of Durham, police investigators and others. The suit accuses them of conducting "one of the most chilling episodes of premeditated police, prosecutorial and scientific misconduct in modern American history."

Nifong's bankruptcy filing lists liabilities of $90 million — $30 million for each of the cleared players as potential damages in their lawsuit. The paperwork also said Nifong could potentially face $90 million in liabilities in a second lawsuit — $30 million each for three not-indicted players who allege emotional distress in their suit. His bankruptcy court petition also lists about $300,000 in other debts.