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Weiner Appeals Judge's Decision to Dismiss Lawsuit Against Albemarle County

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Mark L. Weiner, right, receives a hug from his sister Marcia Cohen as his wife Florence and brother Mike look on (FILE IMAGE) Mark L. Weiner, right, receives a hug from his sister Marcia Cohen as his wife Florence and brother Mike look on (FILE IMAGE)
ALBEMARLE COUNTY, Va. (WVIR) -

An Albemarle County man plans to appeal a federal judge's decision to dismiss his lawsuit over a wrongful conviction.

Attorneys for Mark Weiner filed a notice of appeal to the fourth circuit court in Richmond February 21.

A lower court judge threw out Weiner's lawsuit against Albemarle County in January.

The lawsuit alleges the former commonwealth's attorney prosecuted Weiner for the abduction of a woman, in spite of evidence suggesting his innocence.

Weiner was sentenced to 20 years in prison. 

The conviction was vacated in 2015 after credibility issues were raised with the victim's story.