COVINGTON, KY (FOX19) - A federal court judge has thrown out a case against Commonwealth's Attorney Rob Sanders claiming he maliciously prosecuted Dayton High School teach Nicole Howell for allegedly having an affair with a 16 year old student.
US District Judge William Bertelsman ruled that as Commonwealth Attorney Sanders could not be sued because he has immunity as a prosecutor.
The Judge added the it is a prosecutor's job to file charges if there is probable cause.
A jury found Howell not guilty of first degree sexual abuse.
The judge wrote that probable cause is a reasonable ground for belief. It is the jury's responsibility to determine guilt or innocence.
Eric Deters says he will appeal the ruling.