A federal appeals court has ruled in favor of Grant County officials in a lawsuit over the prosecution of a 6-year-old over a game of "doctor."
The suit alleged that District Attorney Lisa Riniker went too far in prosecuting a 6-year-old boy for first-degree sexual assault after he allegedly played "doctor" with two 5-year-old children -- one boy and one girl -- in September 2010.
The Grant County Department of Social Services, Jan Moravits, a social services investigator, and James Kopp, a now-retired sheriff's investigator, were also named in the original suit.
The plaintiffs' full names aren't being used to protect the identity of their minor child and the alleged victims.
The suit claimed that a game between three children should have been handled between parents -- not the law, adding that in spite of the boy's claim that he was touched wrongly by the 5-year-old, that child faced no charges because he was the son of a prominent Grant County official.
Illinois attorney Christopher Cooper represents the 6-year-old and his parents. He told News 3 the family plans to appeal the ruling to the U.S. Supreme Court.
"The court obviously didn't think what Lisa Riniker and others did was a good thing," Cooper said.
The child's father tells WISC-TV his son, who is now 9 years old, feared arrest and suffers from post-traumatic stress disorder.
The ruling states that the decision to prosecute the boy demonstrated poor judgment but does not violate the Constitution.
"It's easy to understand why the twins' mother would be alarmed and upset, but it's also reasonable to expect that the response by Grant County officials would be measured and proportionate," the ruling stated.
Riniker declined to comment on the appeals court ruling.