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SALT LAKE CITY (AP) -- A lawsuit filed by James "Flaming Eagle" Mooney against the Utah County Attorney's Office over his prosecution for peyote possession has been dismissed.
A judge threw out Mooney's lawsuit yesterday. He said Mooney failed to serve Utah County Attorney Kay Bryson with a copy of his lawsuit within the required 120 days from when the lawsuit was filed on April 27th.
In the suit, Mooney accused Bryson of maliciously prosecuting him for using the hallucinogenic drug peyote. The Utah Supreme Court ultimately ruled Mooney's had a right to use the cactus in his ceremonies. State charges were dropped against Mooney. However, federal prosecutors have filed drug distribution charges against Mooney and his wife, Linda. The charges are currently pending.
(Copyright 2005 by The Associated Press. All Rights Reserved.)