WASHINGTON – Lawyers for a Washington man who was kicked off a grand jury are fighting the government’s effort to dismiss his suit against a federal prosecutor and a D.C. Superior Court official, saying that neither defendant is completely insulated from liability.

Peter Atherton has been fighting the District and the Justice Department for six years in Washington’s federal district court, where he is seeking damages for what he calls his secret and unlawful removal from a grand jury. Atherton maintains only a judge had the power to remove him from the panel.

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