Nickerson?

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AJ1982

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Feb 27, 2002
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Can't say positively that this refers to Matt Nickerson, it would be libel to do so and then be wrong. But I think he is the only one who left the team for an NHL contract this spring. So it COULD be Nickerson. Anyone no for sure?

Former Clarkson hockey player subject of battery suit
by James R. Donnelly, Times Staff Writer
First published: Saturday, June 12, 2004

CANTON - A former Clarkson University hockey player who left the team after signing a contract with a National Hockey League team this spring is the subject of a $3 million battery lawsuit.
 

ttnorm

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Feb 21, 2003
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Yep it's Matt Nickerson.

http://www.watertowndailytimes.com/editorial/20040612/14731.asp

Here's a bit of it.
Filed in state Supreme Court here, the suit was brought by Monique N. Gagner, Massena, against Matthew Nickerson, Old Lyme, Conn.

"We were friends in the beginning. That was how it happened," said Miss Gagner, who was recruited last year to be a member of Clarkson's first women's hockey team. A back injury that is not related to the allegations against Mr. Nickerson prevented her from competing for a spot on the team last fall, she said.

Miss Gagner, saying she was uncomfortable talking about the allegations because of their sexual nature, declined to provide further information about the alleged battery that led to the civil suit against Mr. Nickerson.
My question. Why is this a civil suit and not a criminal case?
 
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habsfansam

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it's probably a money issue... he isn't worth squat if he doesn't make NHL dollars, so you make a civil case and keep him out of jail. Any lawyers out there might also note the ceilings on moneys one can take out of a civil settlement versus a criminal settlement.

Big dumb arse... can't control the temper on the ice or off it. :shakehead
 

Chief

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Jun 19, 2003
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Typically, a case goes to criminal court first...the State foots the tab on that lawsuit and if the State wins, then a civil suit follows and the case has been made for them because of the criminal prosecution...I don't know anything about this case - and maybe there's a criminal attorney out there who can confirm or deny what I'm saying - but the fact that they would go with a civil case sounds like the woman wants to force a settlement quick so she can get paid pronto.
 

Ajacied

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Apr 6, 2002
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Bad boy, bad boy, bad boy, what ya gonna dooooo.. what ya gonna do when they come for you..

I thought Matt learnt to keep his temper in check, guess not..
 

Starsdude

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Chief said:
Typically, a case goes to criminal court first...the State foots the tab on that lawsuit and if the State wins, then a civil suit follows and the case has been made for them because of the criminal prosecution...I don't know anything about this case - and maybe there's a criminal attorney out there who can confirm or deny what I'm saying - but the fact that they would go with a civil case sounds like the woman wants to force a settlement quick so she can get paid pronto.

As a non practicing attorney, I agree or simply she can't meet the higher burden of proof. I imagine it is about getting some cash quick to go away
 

Famous Flames

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Feb 16, 2004
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Chief said:
Typically, a case goes to criminal court first...the State foots the tab on that lawsuit and if the State wins, then a civil suit follows and the case has been made for them because of the criminal prosecution...I don't know anything about this case - and maybe there's a criminal attorney out there who can confirm or deny what I'm saying - but the fact that they would go with a civil case sounds like the woman wants to force a settlement quick so she can get paid pronto.

A criminal action and civil action are totally different proceedings. A criminal action is brought by the state for violation of a criminal law. Fines are not usually paid to the victim (depends on the statute). Restitution is, but that probably wouldn't be applicable here. The state investigates the alleged crime independently and decides whether to bring charges based on its investigation. The victim's request for prosecution or for no prosecution are just one factor in deciding to prosecute. Obviously, the state has to have some certainty they can prove guilt beyond a reasonable doubt or they won't prosecute. My guess is the state investigated the incident and decided not to prosecute.
 
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