Judge dismisses Howell's case against prosecutor

Nicole Howell
Nicole Howell

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.

(Copyright 2010 by FOX19.  All Rights Reserved.)