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BOZEMAN — The state attorney general's office is prosecuting a former Gallatin County sheriff's deputy accused of assaulting a teenage suspect after a judge ruled it was a conflict of interest for the county attorney to pursue the case.

The attorney general's office filed a charge of mistreatment of a prisoner against 59-year-old Thomas Madsen this week.

Gallatin County had filed the same charge in March 2011, but District Judge Holly Brown dismissed it in June.

An affidavit filed by Assistant Attorney General Barbara Harris alleges Madsen put his hand around a 17-year-old girl's neck and pushed her against a wall in an interview room. Madsen resigned soon after.

Court records say both Madsen and the girl said that she tried to "knee" him in the crotch in January 2011.

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