BURLINGTON, KY (FOX19) - A Boone County father who was charged earlier this year with beating his 5-year-old son for not playing hopscotch well enough has now filed a lawsuit against the detective who investigated the case and the Boone County Commonwealth Attorney.
A charge of criminal abuse against Christopher Robison, 46, was dropped last month.
Wednesday morning, Robison's attorney, Eric Deters, filed a lawsuit against the Boone County Sheriff's Department detective who investigated the case, Tracy Watson, the Boone County Commonwealth Attorney, Linda Tally Smith, and Robison's ex-wife, Sharon Eggemeyer Robison.
The lawsuit claims Sharon Robison is friends with Smith, and therefore Smith had a conflict of interest in the case. The suit says Det. Watson received much of her information in the case from the commonwealth attorney's office.
Christopher Robison, a teacher at Camp Ernst Middle School, was arrested in July after Sharon Robison called police. Christopher Robison admitted to spanking his son, but said the boy was not seriously injured or crippled, and the suit claims that the child never complained of any injuries. Judge Michael Collins could not find probable cause for the case to move on when he dropped the felony charge.
Christopher Robison has not been restored to his job at Camp Ernst and must have supervised visitation in domestic court.
The suit is seeking unspecified damages.
Under Kentucky law, prosecutors are under absolute immunity. The lawsuit cited past cases where prosecutors were not given absolute immunity when the official violated a "clearly established" constitutional right to due process.