INDEPENDENCE, Ky. – 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?"
In October, the 26-year-old former teacher, who was accused of sleeping with a 16-year-old student, was found not guilty after four days of trial.
"And so based on everything that happened before my arrest, he made a decision to go after me and so now I'm making a decision to go after him and make him responsible," said Howell.
Deter’s claims in the lawsuit that the defendant (Sanders) "did not have more than mere suspicion" and no "corroborating evidence so the entire prosecution was based upon the minor’s testimony." And the minor in the case against Howell was not a credible witness Deters said.
Howell denied any sexual relations with the boy, but did say she joked with him when he sent her sexual text messages.
"I am not guilty. I am innocent. And that was proven [today]," Howell said moments after hearing the verdict back in October.
Her attorney said there might still be litigation against the school district and the Covington Police Department.
"You should not be able to go after someone and destroy their life and not be held accountable," said Deters. "It's the most important lawsuit I have ever filed because of what it could accomplish and what it could accomplish is making prosecutors more responsible."
"And so based on everything that happened before my arrest, he made a decision to go after me and so now I'm making a decision to go after him and make him responsible," said Howell.
Deters claims that Sanders went after the former teacher because of the Jeni Dinkel case, the Villa Hills woman found guilty of having sex with a minor.
"He took a lot of heat in the Jeni Dinkel prosecution. The judge, the public, the community, centering around that. She got off too light. I think as soon as he heard of a teacher having sex with a minor he looked at this as redemption," said Deters.
Sanders declined requests for an interview at this time.
He issued a statement on Wednesday afternoon saying:
"The lawsuit filed today on behalf of Nicole Howell is baseless, without merit, and not supported by law. It just goes to show that anyone can be sued for anything; even just doing your job. I am now among the ranks of several attorneys, doctors and police officers, not to mention Chad Ochocinco and the New England Patriots, who have been the target of frivolous lawsuits filed by the same publicity seeking radio personality with a law license."
