Dismissal is sought for a malicious-prosecution suit against Amador County brought by Fiddletown horse owner John O'Sullivan, whose no-contest plea to an animal-cruelty charge brought him a misdemeanor conviction*.

The suit alleges various rights violations by Amador County in its abuse prosecution of O'Sullivan.

A Sacramento federal magistrate June 24 heard and took under consideration arguments from co-plaintiff Krista Clem - who is married to O'Sullivan - and from private counsel John Whitesides representing Todd Riebe, Amador district attorney.

The abuse case against O'Sullivan goes back to early 2006. The rights case against the county was filed in February in U.S. Court for the Eastern District of California. It seeks unspecified money damages.

"The county's motion to dismiss includes legal defenses that don't involve the truth of fact (of what is alleged)," Whitesides said. "They say, 'Even if all that is true ....'"

One main argument for dismissal says Riebe in this instance is immune from prosecution by O'Sullivan, Whitesides said. Another says the U.S. District Court for Eastern California at this time legally is prevented from hearing the suit.

State law bars dissatisfied defendants from suing their prosecutors as individuals, Whitesides said. The O'Sullivan suit also names the county as an agency.

"A second main argument is that a federal court can not entertain a state-court case with a conviction until that conviction is set aside," Whitesides said.

Clem could not be reached for comment. O'Sullivan after his plea documented that a colt of his who died suffered from a wasting disease in which parasites are able to cause extreme, rapid weight loss and death.

Although no deadline exists for a ruling on the defendants' motion, Whitesides said he suspected it would be "not a terribly long time" before one came. When it comes, the ruling will be subject to appeal to a district judge, who may uphold the appeal in full or in part, or issue a total disagreement with offered arguments, Whitesides said.

*Clarification: John O'Sullivan pleaded no contest in return for a delayed entry of judgment awaiting the possibility of dismissal of the charges.