Washington ( CNN ) -- A coalition of nearly 70 former federal prosecutors and judges has publicly opposed their former boss , the U.S. government , in a dispute over prosecutorial misconduct . At issue is when defendants cleared of wrongdoing can sue the U.S. Justice Department for `` bad faith '' acts that taint the integrity of the judicial system . The U.S. Supreme Court has been asked to take up the appeal . A federal judge had awarded Ali Shaygan nearly $ 602,000 in damages and fees after a jury acquitted the Miami doctor on charges relating to the fatal drug overdose of a patient . Shaygan later claimed two assistant U.S. attorneys and a DEA agent `` acted vexatiously '' after the original indictment was filed . Judge Alan Gold concluded , among other things , prosecutors violated disclosure requirements by withholding information from the defendant and the court and by launching a separate `` tactical '' effort to disqualify the doctor 's attorney just before the trial was to begin . Gold called the government 's conduct `` profoundly disturbing , '' raising `` troubling issues about the integrity of those who wield enormous power over the people they prosecute . '' A federal appeals court in Atlanta eventually threw out the lawsuit , saying the trial judge overreached , and that the overall prosecution and allegations on the original indictment were `` objectively valid . '' The Justice Department is now expected to ask the justices to dismiss the appeal . A federal law known as the Hyde Amendment allows for damages , including attorney 's fees , when a court determines the entire government 's `` position of the United States was vexatious , frivolous , or in bad faith . '' The narrow scope of the law has made it generally difficult for defendants to recoup the costs of botched federal criminal prosecutions by the government . But the group of onetime prosecutors and judges opposing the government on Thursday filed a so-called `` amicus '' legal brief backing the doctor , saying in this case the damages award was appropriate . `` The amici are deeply concerned that the Eleventh Circuit 's decision will allow serious prosecutorial misconduct to be excused and , in so doing , will undermine public confidence in our system of justice , '' said attorney Thomas Goldstein , representing the legal coalition . `` If allowed to stand , the [ appeals court 's ] holding will disempower district judges , and send a clear signal that even grave prosecutorial misconduct will generally be overlooked , given the relatively lax standards for instituting federal prosecutions , '' he added . It is somewhat unusual for this large a group of onetime federal prosecutors and judges to come together and strongly oppose the Justice Department 's actions in a criminal case . Shaygan is also being supported by other groups , including the Constitution Project and the National Association of Criminal Defense Lawyers . The Obama administration has not yet formally reacted to the original appeal by Shaygan or the supporting parties . Government appellate lawyers have until September 10 to file their official response .
Prosecutorial misconduct case involving Miami doctor appealed to U.S. Supreme Court . A group of former judges and prosecutors side with the doctor . The U.S. Justice Department supports an appeals court ruling throwing out the doctor 's case . Comment: