Former Teacher Files Lawsuit Against Prosecutor

[tonysam]

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?"

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This is yet another example as to how vulnerable teachers are to lawsuits, criminal prosecutions, and terminations. I hope she prevails one way or the other. I don't know if she can actually sue a prosecutor, however.

[tonysam]

1. The prosecutor mentions his being protected by immunity

in this response to her suit:

link

She should be able to sue the school district, however.

[mduffy31]

6. This is the question that I have

WTF does Chad Ochocinco have to do with this at all?

[tonysam]

8. I have no idea

I do know Ben Roethlisberger is the target of a highly-publicized lawsuit out here in Nevada involving a woman who alleged rape, however.

[dsc]

2. she doesn't have a Pope's prayer

It sounds like a he said she said case and you can't sue a prosecutor for actions directly linked to his job. Heck the SCOTUS is hearing a case where a Prosecutor conspired with police to frame a man to save the policeman's brother from being charged and that prosecutor may well win.

[paulsby]

3. yea, cops have some immunity

for their acts line of duty, but NOTHING like the kind prosecutors enjoy.

[tonysam]

5. So do teachers in the course of their duties

I should know because I am named in a frivolous civil action; I am not being sued as a private citizen.

[paulsby]

7. in 20 + years, i find it amazing

that i have never been sued. even if you do everything right, people still don't like getting arrested, getting hit by a baton, etc.

i consider it partly luck, and partly that i know how to talk to people. it's the cops who piss people off with what they say that get the most grief ime

[tonysam]

9. It took me just a couple of years, LOL.

The lawsuit against me is a piece of shit, and I believe the lawyer knows it's a piece of shit, but I am sure he promised the mother a wad of cash if she hangs in there for 2-5 years. The district's insurance company will pay her and her lying kid off, of course.

Meanwhile, my name and the counselor's were printed all over the place. It isn't right for our names to be named by the paper because they are mentioned in a frivolous lawsuit.

A reputation is very hard to get back.

[paulsby]

10. true dat

it's all about "the appearence of impropriety"

[dsc]

11. prosecutor immunity is a whole other animal

we can be sued, even as private citizens, for criminal activity that we do on the job. Prosecutors, can't.

[tonysam]

12. I suspect because she wasn't convicted of the charges, the parents

may come after her by suing her and the district in civil court. This is what the mom and her unscrupulous lawyer did when it was clear there was no criminal act involved in the case supposedly involving me. Her lawyer KNEW what he was alleging (negligence) was a lie, but he decided he was going to make a big name for himself, thanks to a couple of high-profile civil suits which this district settled out of court.

A lawyer like this should be disciplined by the bar for taking on a case he knows to be false, but I don't know the procedure or if it could be done.

[tonysam]

4. That won't be upheld, either

That's why I wrote in my OP about having doubts she could even go after the prosecutor.

While we don't have all of the facts about the school district, she would have a better chance if she sued them, if indeed the school district fired her over this.