Hamilton County judge lifts order for man to get COVID-19 vaccine

CINCINNATI (WXIX) – A Hamilton County judge who ordered a man to take the COVID-19 vaccine has lifted that order, according to court documentation.

Commonwealth Judge Christopher Wagner gave Brandon Rutherford an ultimatum on Aug. 8: either to get the vaccine or to violate his parole.

Rutherford says Judge Wagner threw him that curve ball while waiting to be convicted of drug-related charges.

When Rutherford arrived at the probation office, he was told he had two months to get the vaccine.

Thus, Rutherford’s attorney, Carl Lewis, filed a motion asking the judge to quash the order.

“Ordering Mr. Rutherford’s vaccination within two months has no rehabilitative purpose, has no relation to the crime for which he was convicted, is not related to any criminal activity and has no legal purpose of probation,” says the court document. .

After a hearing on Tuesday, the judge agreed to lift the order.

“I have nothing but respect for the judge, but I filed a motion to order a vaccine against a person’s right,” Lewis said.

Lewis adds: “Great decision by the judge, and I’m very glad he did the right thing by law.”

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