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A federal judge has again thrown out a case against a Utah Immigration and Customs Enforcement agent accused of slamming a man's face into a concrete floor

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SALT LAKE CITY — A federal judge has again thrown out a case against a Utah Immigration and Customs Enforcement agent accused of slamming a man's face into a concrete floor.

Court records show that U.S. District Judge David Sam dismissed the charge against Jon Martinson Jr. on Monday.

Martinson's lawyers say he used a common tactic to control an aggressive inmate awaiting deportation at an ICE facility in June 2013.

Prosecutors argued Martinson crossed the line and violated the man's constitutional rights.

He had faced one count deprivation of rights under the color of law. The charge was filed in September, about three months after another judge decided that the so-called hip-toss was legal under use-of-force rules for inmates.

A spokeswoman for U.S. Attorney's Office for Utah says the decision was unexpected and prosecutors are weighing their options.

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