But the misconduct did not end when Nifong achieved his twin goals: indictments, coupled with his successful nomination.
This fear, the petition correctly notes, is absurd. First of all, “one would hope that there are few, if any, cases in the pipeline even remotely similar to this one.” Second, judges already have more than sufficient tools to toss out weak or implausible cases under relevant Supreme Court precedent. Durham, of course, tried and failed at that task—an indication of just how strong the plaintiffs’ case is on a factual basis. Finally, and contrary to Judge Wilkinson’s concerns, the petition observes that the Supreme Court “has consistently declined the invitation to insulate officials entirely from liability in the face of similar ‘floodgates’ arguments.”