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The injuries stem from the case against the three lacrosse players, David Evans, Collin Finnerty, and Reade Seligmann, in which the three men were charged with raping a girl at a party. However, when the court discovered that Nifong, the prosecuting attorney, had withheld evidence, all charges were dropped. The three then sued Nifong for "prosecutorial misconduct."
But can the players prove Nifong's "willful and malicious injury"?
Said bankruptcy lawyer Evan Flascher, "That won't be easy to prove. It's a tough standard. Malicious means without just cause. If Nifong knew that his accusations were false when he made them, then there is a reasonable argument that claims against him should not be discharged."
"This looks like a smart move for Mr. Nifong," said a Florida lawyer who has represented clients filing for bankruptcy. "This stops all the cases against him so he doesn't have to pay legal fees if he doesn't have insurance."
Nifong's total assets, including his home, his 2003 Honda Accord EX, and his personal belongings, have been valued at $243,898.
Last year, Nifong was disbarred from the North Carolina bar "for more than two dozen violations of its rules of professional conduct," says an article on WRAL.com.
Nifong will appear in bankruptcy court on February 8.
