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.