Court: Prosecutors immune from suit over charges

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by Associated Press

WHAS11.com

Posted on January 5, 2014 at 5:31 PM

   RICHMOND, Ky. (AP) -- A federal appeals court has ruled that two central Kentucky prosecutors are immune from a civil suit brought after a failed criminal prosecution.
 
   The U.S. 6th Circuit Court of Appeals ruled last week that Madison County Commonwealth's Attorney David Smith and his wife, Assistant Commonwealth's Attorney Jennifer Smith, cannot be sued for actions they took in bringing criminal charges against former Richmond police officers Garry Murphy and Brian Hensley.
 
   The two men, and another defendant, James J. Rogers, were found not guilty in in 2010.
 
   The Richmond Register reported that (http://bit.ly/1dFajRk) investigation stemmed from a sexual encounter they had with a woman, April McQueen, on Oct. 29. 2009.
 
   Murphy, Hensley and Rogers sued the Smiths, then-Madison County Sheriff Nelson O'Donnell, two deputies, two of McQueen's neighbors and her landlord.

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