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Page News & Courier 10/29/10--

At the request of the plaintiff, a federal judge has dismissed a civil suit against former Page County Sheriff Daniel Presgraves and other local officials. But the lawsuit likely will be refiled "in the near future," according to Brad Pollack, an attorney for plaintiff Kenneth Leo Alger of Stanley. A five-day trial had been scheduled to begin May 2 in U.S. District Court in Harrisonburg. In April, Alger, 61, filed a $10 million lawsuit against several law enforcement officials, including Presgraves, claiming he was wrongfully arrested and charged with murder for hire.

Judge Samuel Wilson dismissed the lawsuit Thursday at Alger's request.

Pollack said they made the request for dismissal to revise certain aspects of the lawsuit. The revisions, he said, have to do with clarifications and other technical aspects of the suit, and not the crux of Alger's claims.

The case was filed in Page County Circuit Court on April 7 but transferred to U.S. District Court.

But the lawsuit likely will be refiled "in the near future," according to Brad Pollack, an attorney for plaintiff Kenneth Leo Alger of Stanley.

A five-day trial had been scheduled to begin May 2 in U.S. District Court in Harrisonburg.

In April, Alger, 61, filed a $10 million lawsuit against several law enforcement officials, including Presgraves, claiming he was wrongfully arrested and charged with murder for hire.

Judge Samuel Wilson dismissed the lawsuit Thursday at Alger's request.

Pollack said they made the request for dismissal to revise certain aspects of the lawsuit. The revisions, he said, have to do with clarifications and other technical aspects of the suit, and not the crux of Alger's claims.. But the lawsuit likely will be refiled "in the near future," according to Brad Pollack, an attorney for plaintiff Kenneth Leo Alger of Stanley.

A five-day trial had been scheduled to begin May 2 in U.S. District Court in Harrisonburg.

In April, Alger, 61, filed a $10 million lawsuit against several law enforcement officials, including Presgraves, claiming he was wrongfully arrested and charged with murder for hire. Judge Samuel Wilson dismissed the lawsuit Thursday at Alger's request. Pollack said they made the request for dismissal to revise certain aspects of the lawsuit. The revisions, he said, have to do with clarifications and other technical aspects of the suit, and not the crux of Alger's claims.

The case was filed in Page County Circuit Court on April 7 but transferred to U.S. District Court.

As part of the lawsuit, Alger claims he lost income and business opportunities because of Presgraves' actions.

Alger wrote in the lawsuit that investigators, working with a confidential informant in 2008, made up a story that the mother of Alger's son was putting the boy's safety at risk. He also claimed that the defendants fabricated "a fictitious character by the name of Brandon Tate and told plaintiff that Tate was his son's mother's boyfriend."

Investigators then told Alger that "the mother and boyfriend were using and selling drugs together," the lawsuit claimed.

Alger was charged with soliciting to have Tate killed, but that charge was later dropped. He later pleaded guilty to a felony count of attempting to procure perjury and to a misdemeanor charge of making a false statement to police. He was sentenced to a six-year suspended prison term.

In a case unrelated to the lawsuit, Presgraves pleaded guilty in August 2009 to a single charge of racketeering. The guilty plea came nine months after a federal grand jury indicted Presgraves on a slew of charges, including racketeering and obstructing a law enforcement investigation and a federal grand jury.

Charges also included money laundering and violating the civil rights of his female subordinates at the sheriff's office.

Presgraves, who had resigned as sheriff in February 2009, was sentenced to 19 months in prison and is scheduled to be released in June from the Federal Medical Center in Devens, Mass.

> The case was filed in Page County Circuit Court on April 7 but transferred to U.S. District Court. As part of the lawsuit, Alger claims he lost income and business opportunities because of Presgraves' actions.

Alger wrote in the lawsuit that investigators, working with a confidential informant in 2008, made up a story that the mother of Alger's son was putting the boy's safety at risk. He also claimed that the defendants fabricated "a fictitious character by the name of Brandon Tate and told plaintiff that Tate was his son's mother's boyfriend."

Investigators then told Alger that "the mother and boyfriend were using and selling drugs together," the lawsuit claimed.

Alger was charged with soliciting to have Tate killed, but that charge was later dropped. He later pleaded guilty to a felony count of attempting to procure perjury and to a misdemeanor charge of making a false statement to police.

. He was sentenced to a six-year suspended prison term.

In a case unrelated to the lawsuit, Presgraves pleaded guilty in August 2009 to a single charge of racketeering. The guilty plea came nine months after a federal grand jury indicted Presgraves on a slew of charges, including racketeering and obstructing a law enforcement investigation and a federal grand jury.

Charges also included money laundering and violating the civil rights of his female subordinates at the sheriff's office.

Presgraves, who had resigned as sheriff in February 2009, was sentenced to 19 months in prison and is scheduled to be released in June from the Federal Medical Center in Devens, Mass.



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unattributed text and graphics Jeannette Harris and A Country Rag, Inc.. September 2008, February 2010. All rights reserved.

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