The three gentlemen of the Duke lacrosse team who were falsely accused and indicted for rape in 2006 are suing Nifong, the City of Durham, and several other people including some of the police officers who participated in the frame-up. One of the defendants they are suing is David Addison, the police spokesman who made numerous false and inflammatory statements against the three lacrosse players.
Addison has filed a motion to dimiss and in his memorandum, his attorney has the following to say:
[Plaintiffs accuse David Addison of] 2) engaging in a consipracy constituting an obstruction of justice to deny the Plaintiffs equal protection and/or their equal privileges and immunities based upon alleged racial animus in violation of the 4th and 14th Amendments to the United States Constitution and 42 U.S.C 1985(2)(3)
That's exactly what happened. The lacrosse players were falsely accused because they are white and the liar Crystal Mangum is black. Had the players been black, or the liar white, most of us would never have heard of this case. The attorney for Addison goes on to say that the cause of action is not valud because
In addition to the specificity requirements of section 1985 claims, it is required that the Plaintiffs be members of a protected class and subject to animus as a result of being members of that class. In this case, such a requirement applies to both the equal protection and equal privileges and immunities claims asserted by the Plaintiffs. Griffin v. Breckinridge (1971); Bey v. Celebration Station (2006). White male students at Duke University do not fall within any recognized protected class. As noted by the Fourth Circuit, the only protected class for section 1985(3) claims are those who are African American.
I am not an attorney, so I don't know if Addison's attorney is correct. But if he is, then the law should be changed. It is patently racist and unfair to give special protections to members of one race while denying them to another race, especially with regards to the false and malicious prosecution of innocent people.
And why hasn't Crystal Mangum been prosecuted for making false statements to police investigators? If Martha Stewart can do prison time for supposedly lying about her insider trading, why can't Crystal be prosecuted for lying about a much more egregious matter? This is yet another example of a racial double-standard.
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