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Former Prosecutor Sued for Malicious Prosecution After Allegedly Having Relationship With Defendant’s Wife

Former ADA Sued for Malicious Prosecution for Alleged Relationship With Defendant’s Wife
Livingston Sheriff's Office

A Rochester, New York, man is suing a former prosecutor in the District Attorney’s Office for malicious prosecution and wrongful incarceration after he allegedly had a relationship with the plaintiff’s wife at the same time he was prosecuting his case.

Jonathan D. Francisco, Livingston County, Livingston County’s District Attorney’s Office and the Sheriff’s Office are all being sued by Joseph S. Rought, according to Rochester First. Additionally, ten unnamed “John and Jane Doe’s” are also included in the lawsuit.

Francisco was arrested in 2024 and charged with “official misconduct” after he was accused of having an inappropriate relationship with an alleged crime victim while he worked as an Assistant District Attorney in Livingston County.

In the recent lawsuit filed on March 27, it’s alleged that Rought suffered malicious prosecution, wrongful incarceration and systematic deprivation of constitutional rights at the hands of Francisco. The former ADA was accused of weaponizing “the criminal justice system to further his own sexual relationship” with Rought’s wife, Nicole Rought.

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The lawsuit also claimed that Francisco pursued criminal charges against Rought that Francisco allegedly knew were false so that he could continue to have an inappropriate relationship with Rought’s wife.

Nicole served as the sole complaining witness in the criminal case against Rought, in which she accused him of rape, strangulation and witness intimidation.

The suit also claimed that when Francisco learned that Rought had a credible alibi, Francisco didn’t dismiss the case. Instead, he allegedly directed the alteration of the date of the felony complaint.

Rought also alleged that Francisco made Nicole change her sworn statement so that the legal team could secure an indictment against Rought.

“Francisco’s motive was personal, to keep Plaintiff incarcerated so that Francisco could continue his sexual relationship with Plaintiff’s wife without interference,” the suit claimed.

Rought was incarcerated for four months following his trial. During that time period, he said he lost his job, was separated from his children, suffered emotional distress and his reputation was tarnished.

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The Livingston County Court ultimately dismissed the indictment against Rought and he was released from prison, concluding that the actions of Francisco were “so egregious, inappropriate, and offensive that they threaten to undermine public confidence in the criminal justice system as a whole.”

Rought filed the new lawsuit with the intention to recover damages for the injuries he suffered at the hands of Francisco.

A lawyer for Francisco was not immediately made available for contact.

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