Malicious Prosecution Verdict Against Powhatan Sheriff Stands - WRIC Richmond News and Weather -

Malicious Prosecution Verdict Against Powhatan Sheriff Stands

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RICHMOND, Va. (AP) - A federal judge in Richmond has refused to toss out a malicious prosecution verdict against a Powhatan County deputy sheriff and animal control officer.

U.S. District Judge Robert Payne said Wednesday that Christine Boczar exercised her power irresponsibly when she arrested a Henrico County animal welfare advocate for failing to give her the address of a dog that bit her.

Payne denied Boczar's motion for qualified immunity.

Boczar renewed the motion after a jury found in Eileen McAfee's favor on one of two malicious prosecution counts and awarded her damages of $2,943.

Payne said Boczar falsely claimed that McAfee refused to tell her the location of the dog. He said such conduct by a law enforcement officer is not protected by the doctrine of qualified immunity.

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