Hamilton County Common Pleas Judge Thomas Crush called Carrie Davis' complaint vague, and said she had no personal knowledge that Allen neglected his duty in having an affair with a female attorney in his office.

In the Aug. 31 lawsuit, Davis accused Allen of gross misconduct by having a sexual relationship with a subordinate and failing to notify commissioners when the woman made a formal sexual harassment complaint to Allen's office Aug. 12. The Davis suit, filed on behalf of taxpayers, asked a judge to remove Allen.

Allen's attorney, Michael Hawkins, had asked that the suit be dismissed. He argued that Davis did not support her allegation with a sworn statement; didn't make any specific allegations and that her point was now moot because Allen has withdrawn from the Nov. 2 election for re-election.

Allen, 48, admitted to an affair with Rebecca Collins, an assistant prosecutor. The day after Allen's admission, Collins, 33, sued Allen and the Board of County Commissioners claiming sexual harassment.

She alleged Allen coerced her into the affair, had sex with her during office hours and threatened to ruin her career if she stopped seeing him. Her suit seeks unspecified monetary damages.

Hawkins has called Collins' accusations "outrageous and false.''

Allen was running unopposed for his job when he admitted to the affair. Allen officially leaves office the first week in January, when a new prosecutor is sworn into office.

E-mail scoolidge@enquirer.com