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Judge dismisses Sheraden man's wrongful prosecution lawsuit

| Monday, Feb. 7, 2011

A federal judge today dismissed a Sheraden man's wrongful prosecution lawsuit because he filed it a month too late.

Todd Akrie, 32, sued the city in November 2008, two years and one month after Allegheny County Common Pleas Judge Donald E. Machen found him not guilty of the murder of David Agar, 24, of Whitehall.

Agar, a Sudanese immigrant, was shot in January 2005 outside an Uptown nightclub. During a nonjury trial, one witness identified Akrie as the shooter while others testified the gunman was another man.

U.S. District Judge Donetta Ambrose said in her ruling that Akrie failed to prove there was anything that kept him from filing his lawsuit within the two-year statute of limitations, which started running the day he was acquitted.

The judge didn't rule on the merits of Akrie's wrongful prosecution claim.

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