Attorney Eric Deters has filed a lawsuit on behalf of former Dayton, Ky., teacher Nicole Howell against Kenton County prosecutor Rob Sanders.
"We believe Rob Sanders is the responsible party. He ordered the arrest. He directed the prosecution," said Deters.
The lawsuit against Sanders seeks punitive damages, contending the prosecutor brought and tried the case with "no probable cause" and denied Howell her constitutional right to due process.
"After talking with my lawyer Eric Deters and a couple of other people, other professionals, I felt that I couldn't let this go," said Howell. "I could. I could move on and deal with it, but what if this happens to somebody else? What if someone else feels they are wrongfully prosecuted and pursued for no one reason than malice?"
She may get this lawsuit thrown out, however, because of sovereign immunity, which is nearly absolute for prosectors. If the district canned her over this, she may have a case against it.
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