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Hamilton County judge lifts order requiring man to get COVID-19 vaccine

Brandon Rutherford
Brandon Rutherford(FOX19 NOW)
Published: Aug. 31, 2021 at 2:54 PM EDT
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CINCINNATI (WXIX) - A Hamilton County judge who ordered a man to get the COVID-19 vaccine has lifted that order, according to court documents.

Common Pleas Judge Christopher Wagner gave an ultimatum to Brandon Rutherford on Aug. 8 -- either get the vaccine or violate his probation.

Rutherford says Judge Wagner threw him that curveball while he was waiting to be sentenced on drug-related charges.

When Rutherford got to the probation office, he was told he had two months to get the vaccine.

So Rutherford’s attorney Carl Lewis filed a motion asking the judge to vacate the order.

“Ordering Mr. Rutherford to be vaccinated within two months serves no rehabilitative purpose, has no relationship to the crime for which he was convicted, doesn’t relate to any criminal activity, and serves no statutory purpose of probation,” the court document reads.

After a hearing Tuesday, the judge agreed to lift the order.

“I have nothing but respect for the judge, but I filed a motion to order a vaccine was against a person’s right,” Lewis said.

Lewis adds, “Great decision from the judge, and I am so glad he did the right thing according to the law.”

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