U.S. Won't Retry Md. Prison Guard In Brutality Case

HAGERSTOWN, Md. (AP) -- The Justice Department's Civil Rights Division says it won't retry a former Maryland correctional officer on charges that stymied a federal jury in a prison brutality case.

Prosecutors filed a notice Tuesday in Baltimore that they will move to dismiss the two counts against Josh Hummer of Chambersburg, Pa.

Hummer was acquitted Friday of violating the civil rights of state prison inmate Kenneth Davis by failing to stop other officers from beating him in 2008 at Roxbury Correctional Institution near Hagerstown.

Hummer was convicted of lying to state police. The jury deadlocked on charges he conspired to cover up the beating and lied to an administrative law judge.

Hummer faces up to 20 years in prison for his conviction.

He is one of 15 officers indicted in the case.

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