CLAYTON COUNTY, Ga. - Attorneys for Clayton County Sheriff Victor Hill said the criminal case against him is unconstitutional and they are asking a judge to toss it out.
Former federal prosecutor turned defense lawyer, Lyndsey Barron crafted the motion to dismiss the criminal case which was filed July 7.
"There has to be a case that puts him on warning that putting someone in a chair is a constitutional violation," Attorney Barron affirmed.
The government alleges the now-suspended sheriff misused a restraint chair and allegedly deprived four victims of their civil rights.
But Attorney Barron argues it is Hill's rights that the government has violated. She said it is simple.
"The constitution forbids prosecution of anyone who basically doesn't have notice that what they are doing is criminal. That is a fundamental premise of our criminal justice system," Attorney Barron commented.
The sheriff's legal team said because Hill had no "fair warning," he cannot be convicted.
"They are used throughout Georgia. They are used throughout the country, but we can't find a single case that is similar to the sheriff's. That is the notice issue. Where else has this happened?" lead attorney Drew Findling questioned.
Sheriff Hill's defense team said if there was a misuse of the restraint chair, there were other ways to address this.
"If the department of justice has a problem with the way Sheriff Hill was using this chair, then there are remedies and ways to address that policy without indicating someone who has not been put on notice," Attorney Barron comment
Governor Brian Kemp suspended Hill from office because of the case in June.
No date has been set yet for the federal trial.
Download the FOX 5 Atlanta app for breaking news and weather alerts.