Hotel Californ I.A.: 2008

AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel

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Malicious Prosecution

In a lawsuit by an arrestee claiming that a deputy sheriff had planted drugs which were used to give him a citation for possession of marijuana, resulting in a fine, the trial court acted properly in dismissing the lawsuit under Heck v. Humphrey, #93-6188, 512 U.S. 477 (1994). An award of damages in the case would have implied the invalidity of the plaintiff's criminal petty-misdemeanor conviction and the fine, which had not been overturned or otherwise invalidated. Abdullah v. Minnesota, No. 06-4142, 2008 U.S. App. Lexis 2448 (8th Cir.).
In a malicious prosecution due process lawsuit against a police detective and the plaintiff's ex-wife, the plaintiff claimed that he had been deprived in bad faith of a fair trial on charges concerning the alleged molestation of his adopted daughter. The detective, who had investigated the molestation accusation, was also the current husband of the plaintiff's ex-wife, and allegedly steered the investigation to benefit his wife. He allegedly failed to tell prosecutors the "full extent" of his relationship with the plaintiff's ex-wife, and also allegedly did not preserve the purported victim's diary, which did not support the molestation claim. A federal appeals court rejected an argument that the detective was entitled to summary judgment, since no reasonable officer could have believed that these alleged actions were proper. White v. McKinley, No. 07-1002, 2008 U.S. App. Lexis 1930 (8th Cir.).
At the time of his arrest, officers had probable cause to charge a man with selling cocaine, on the basis of statements from an informant concerning a "controlled buy." While charges were not filed for four months, the plaintiff in a malicious prosecution lawsuit failed to show that a sheriff, during that time period, was made aware of any information contradicting the informant's information or which otherwise showed that probable cause no longer was present for the prosecution. McCloud v. Fortune, No. 07-10850, 2008 U.S. App. Lexis 1091 (11th Cir.).
A twelve-year-old child was interrogated away from his mother and a prosecutor then ordered police to arrest him in connection with the death of a toddler. His conviction was subsequently overturned on the basis of a coerced confession in violation of the Fifth Amendment. He subsequently filed a federal civil rights lawsuit against the prosecutor and her employer for alleged violations of the Fourth and Fourteenth Amendments. After the lawsuit was filed, the prosecutor allegedly told a Marine recruiter that the plaintiff would "always" be a suspect in the murder, resulting in the rejection of his enlistment. A federal appeals court overturned qualified immunity for the prosecutor, ruling that the prosecutor could not reasonably have believed that there was probable cause for the arrest. The court also ordered further proceedings on claims against the county based on its alleged withholding of exculpatory (Brady) materials, and on the Plaintiff's malicious prosecution, First Amendment retaliation, and defamation claims. Harris v. Bornhorst, No. 06-3729, 2008 U.S. App. Lexis 724 (6th Cir.).
Dismissal of criminal charges against an arrestee was a favorable termination of the proceedings in his favor for purposes of his malicious prosecution claims against the county when the dismissal was based on a failure to prosecute and an imminent violation of the right to a speedy trial. Rivas v. Suffolk County, No. 04-4813, 2008 U.S. App. Lexis 72 (2nd Cir.).
The question of whether there was probable cause of prosecute an arrestee for resisting arrest depended on whether the arrestee or an officer was telling the truth about whether the arrestee pushed an officer, which should be decided by a jury in his malicious prosecution lawsuit. Holmes v. Village of Hoffman Estates, No. 06-2759, 2007 U.S. App. Lexis 29699 (7th Cir.).
Arrestee failed to show malicious prosecution when he was arrested under a warrant based on witness statements accusing him of involvement in a burglary, and he was prosecuted for a controlled substance on the basis of bags of a white powdery substance found in his jacket in an apartment. The fact that the substance subsequently tested negative for a controlled substance did not alter the result. Moore v. Carteret Police Dept., No. 07-2840, 2007 U.S. App. Lexis 26232 (3rd Dist.).
A federal trial judge has awarded $101.7 million against the U.S. government on claims that the FBI was "responsible for the framing of four innocent men" for murder, causing them to serve decades for a crime they did not commit. Four men falsely convicted of a 1965 gangland murder, and their estates and families asserted claims against the U.S. government under the Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346 and 2671-2680 for malicious prosecution, civil conspiracy, intentional infliction of emotional distress, and related claims. The trial court rejected the argument that the U.S. government was entitled to immunity based on the discretionary function exception to liability in 28 U.S.C. Sec. 2680(a). The FBI's alleged conduct in knowingly allowing an informant to provide perjurious testimony in the murder trial, failing to reveal exculpatory evidence, and failing to disclose information about the actual murderers for a period of thirty years was unconstitutional and violated its own rules, the judge ruled. The court found that the FBI's conduct was the cause of the convictions, and that the conduct met the standard for intentional infliction of emotional distress, as the alleged actions violated all standards of decency and were intentional. The family members of the convicted persons were entitled to damages, under Massachusetts law for bystanders' intentional infliction of emotional distress. $1 million for each year of imprisonment was awarded to the men falsely convicted, or their estates. The minor children of the convicted men, and three of the wives of the convicted men were also awarded damages, as were an adult child of one of the men, and a wife who divorced one of the men. Two of the four men are now deceased, while two of them are still alive. Limone v. U.S., No. 02cv10890-NG, 2007 U.S. Dist. Lexis 54224 (D. Mass.). [Editor's Note: The total damages awarded were $101.7 million].
Police officers were not entitled to summary judgment in a lawsuit claiming that they denied the plaintiff his constitutional rights by concealing allegedly exculpatory evidence. The plaintiff spent over 17 years incarcerated for a double homicide that he insists he did not commit, and he claims that Illinois state police officers, from the beginning, knowingly possessed and concealed evidence of his innocence and never disclosed this evidence to him, throughout his trial, his appeals, and most of his post-conviction proceedings. He was finally released in 2004 after a federal court concluded that "acquittal was reasonably probable if the jury had heard all of the evidence." The lawsuit further claims that Illinois state police officials who were not involved in the case at the beginning learned about the existing exculpatory evidence and that the state had possessed this evidence all along, but that, rather than advise a state appeals court that the state had prosecuted the wrong man, they "kept mum and took steps actively to conceal the exculpatory evidence." Qualified immunity, the federal appeals court ruled, was not available to the defendants because the due process right of a defendant to be told about exculpatory evidence is clearly established in Brady v. Maryland, 373 U.S. 83 (1963) and the cases which follow it. Steidl v. Fermon, No. 06-2017 2007 U.S. App. Lexis 16996 (7th Cir.).
Even if the plaintiff's now-overturned conviction for armed robbery was based on the erroneous introduction of testimony about a station house eyewitness identification which was allegedly improperly conducted, it was the decisions of the prosecutor and trial judge, not the actions of the police officer, which caused the violation of the plaintiff's constitutional rights, so the officer could not be held liable. Additionally, because the officer's conduct with respect to the identification did not cause any violation of the plaintiff's rights, any alleged failure by the city to adequately train him on the subject of identifications did not cause a deprivation, and a judgment as a matter of law should be entered on his claims against the city. Wray v. City of New York, No. 05-3341, 2007 U.S. App. Lexis 14302 (2nd Cir.).
An arrestee who was awarded $275,000 in damages ($25,000 compensatory and $250,000 in punitive) on claims that he was "framed" and maliciously prosecuted on a firearms charge, and that excessive force was used against him by an officer who shot him in the buttocks, was also entitled to an award of attorneys' fees and costs of $507,000. The defendant city failed to convince a federal appeals court that the trial judge had abused his discretion in refusing to lower the amount of attorneys' fees awarded. The court rejected the city's argument that the plaintiff's success should be viewed as "minimal," requiring a reduction in the attorneys' fees award because the jury award was less than the amount of damages the plaintiff sought. Additionally, the court stated that the plaintiff's success should not simply be viewed in monetary terms. ''He effectively persuaded a jury that a significant number of City of Harvey officials conspired to plant a gun at the crime scene -- a victory that serves the public interest by exposing to light disturbing police malfeasance and grave municipal institutional failures, and one that will presumably help to deter future constitutional violations by the city's officers,'' the court stated. ''These achievements are anything but minimal.'' Robinson v. City of Harvey, No. 04-3993 2007 U.S. App. Lexis 13705 (7th Cir.).
Police officers had probable cause to arrest and prosecute a suspect after a woman identified him as her assailant, and that probable cause defeated a malicious prosecution claim under Illinois law. Lockheart v. Drapiewski, No. 05-2816, 2007 U.S. App. Lexis 9865 (7th Cir.).
In a malicious prosecution claim, the mere fact that there were grounds for prosecution on one of the charges pursued, standing alone, did not bar the possibility of liability for pursuing other criminal charges. Johnson v. Knorr, No. 05-5029, 2007 U.S. App. Lexis 3242 (3d Cir.).[N/R]
In malicious prosecution lawsuit, prosecutor was entitled to absolute immunity for all his actions, including his decisions as to which witnesses to call before the grand jury which indicted the plaintiff. Redwood v. Dobson, No. 05-4324, 2007 U.S. App. Lexis 2606 (7th Cir.).[N/R]
In lawsuit brought by man who spent 22 years on death row for a kidnapping, rape, and murder he was subsequently cleared of, detectives were not entitled to qualified immunity on claims that they acted in bad faith in essentially destroying exculpatory DNA evidence. Prosecutors in the case were not entitled to absolute immunity on similar claims that they destroyed exculpatory evidence. Yarris v. County of Delaware, No. 05-1319, 465 F.3d 129 (3d Cir. 2006). [2006 LR Dec]
A presumption of probable cause arising from a grand jury indictment applied to an arrestee's claim against an officer for malicious prosecution, but there were genuine issues of fact as to whether the officer obtained the indictment through perjury or bad faith, barring summary judgment for the officer. Additionally, the court finds that the presumption of probable cause applied from the indictment returned by a second grand jury, even though a first grand jury returned a "No True Bill" against the plaintiff. McClellan v. Smith, No. 04-5996-CV, 439 F.3d 137 (2nd Cir. 2006). [N/R]
Plaintiffs did not show, for purposes of a malicious prosecution claim, that the criminal proceedings terminated in their favor, since they entered into guilty pleas on certain charges. Further, the law enforcement officers who stopped them had a reasonable suspicion that they may have been hunting in an improper zone. Heverly v. Simcox, No. 4:05-1370, 2006 U.S. Dist. Lexis 73990 (M.D. Pa.). [N/R]
In police officer's lawsuit under the Federal Tort Claims Act, 28 U.S.C. Sec. 2680, against an IRS agent who obtained his arrest and prosecution, summary judgment was properly granted on false imprisonment and malicious prosecution claims. A presumption of probable cause which arose from the arrestee's indictment was not rebutted for purposes of the malicious prosecution claim when there was no evidence that the IRS agent lied in his testimony before a federal grand jury. Conrad v. U.S., No. 04-15402, 447 F. 3d 760 (9th Cir. 2006). [N/R]
County environmental health employees were entitled to summary judgment in malicious prosecution lawsuit when the county prosecutor made the decision to prosecute the plaintiffs. Additionally, the prosecutor's subsequent decision to dismiss the charges did not qualify as a favorable termination of the case in favor of the plaintiffs. Ayala v. KC Environmental Health, No. CV F 02-5846, 426 F. Supp. 2d 1070 (E.D. Cal. 2006). [N/R]
Acquitted murder suspect's allegation that Chicago police detectives conspired to frame him and several others for a murder they did not commit did not constitute a valid civil RICO claim despite the scheme purportedly involving multiple criminal acts, over a period of years, and targeting multiple victims, when there was no indication that the detectives engaged in any misconduct before or after the alleged scheme, or threatened to do so in the future. Under these circumstances, there was no "pattern" of racketeering activity. Gamboa v. Velez, No. 05-1690, 2006 U.S. App. Lexis 20493 (7th Cir.). [2006 LR Oct]
When no reasonable jury could find a lack of probable cause, there was a complete defense to an arrestee's false arrest and malicious prosecution claims under both federal and New York state law. Maron v. County of Albany, No. 05-3354, 166 Fed. Appx. 540 (2nd Cir. 2006). [N/R]
The mere fact that an arrested motorist's version of an incident differed from that of the deputy who arrested him was insufficient to defeat summary judgment for the deputy on a malicious prosecution claim. In the absence of a showing that the deputy interfered with the prosecutor's independent judgment in pursuing criminal charges, the prosecutor's decision to file a criminal complaint is the exercise of independent judgment that there was probable cause for the arrest. Newman v. County of Orange, No. 04-56103, 2006 U.S. App. Lexis 20130 (9th Cir.). [2006 LR Sep]
Arrestee was not entitled to injunctive relief against his pending criminal prosecution under 42 U.S.C. Sec. 1983 when he failed to show that the prosecution was being carried out in bad faith and for purposes of harassment. His claim that his prosecution for an alleged bribery was selective, politically motivated and based on the use of false testimony was insufficient to show such bad faith. Olson v. Fajardo-Velez, No. 05-1837, 419 F. Supp. 2d 32 (D. Puerto Rico 2006). [N/R]
An officer who testified at a grand jury proceeding against an arrestee, and who turned over to a prosecutor all evidence he knew of, including all exculpatory evidence, was entitled to absolute immunity from federal civil rights liability for malicious prosecution. Zamora v. City of Belen, No. Civ. 03-743, 383 F. Supp. 2d 1315 (D.N.M. 2005). [N/R]
Conservation officers had probable cause to seek prosecution of man who allegedly pointed a gun at them after criticizing their job performance, and they were entitled to qualified immunity on his malicious prosecution and First Amendment retaliation claims, given that he was subsequently convicted on some of the charges he was indicted on based on their grand jury testimony. Barnes v. Wright, No. 04-6288, 449 F.3d 709 (6th Cir. 2006). [2006 LR Aug]
Man's actions in taking photographs in front of the home of a person who had obtained a protective order against him provided officer with arguable probable cause to initiate a criminal prosecution against him for harassment in the second degree, entitling the officer to qualified immunity in a resulting malicious prosecution lawsuit. The arrestee's actions could have been viewed by a reasonable officer as constituting a threat of further violence. Jaegly v. Couch, No. 05-2191, 168 Fed. Appx. 480 (2nd Cir. 2006). [N/R]
U.S. Supreme Court: a civil rights lawsuit for retaliatory prosecution in violation of a person's First Amendment rights must be based on, among other things, the absence of probable cause to prosecute for the asserted criminal charges. Hartman v. Moore, No. 04-1495, 126 S. Ct. 1695 (2006). [2006 LR Jul]
There was probable cause for the arrest and prosecution of a police officer for reckless endangerment while off-duty, so that he could not pursue a claim against the city for malicious prosecution. The officer himself admitted that he operated his motorcycle in a reckless manner and fled from other officers while speeding and improperly changing lanes to travel southbound in a northbound lane. Winn v. McQuillan, No. 03 Civ.2210, 390 F. Supp. 2d 385 (S.D.N.Y. 2005). [N/R]
Despite her claim that her first conviction for rape and sodomy, subsequently set aside, was caused by county prosecutors withholding exculpatory materials in violation of her due process rights, she could not pursue her federal civil rights claim for malicious prosecution when she was again found guilty of lesser charges and sentenced to time served on retrial. The plaintiff could not show, based on these facts, that the criminal prosecution had terminated in manner favorable to her. Stein v. County of Westchester, No. 05 Civ. 3729, 410 F. Supp. 2d 175 (S.D.N.Y. 2006). [N/R]
Officer had probable cause to swear out a criminal complaint against a homeowner for animal fighting and cruelty to animals. Officer was not liable for malicious prosecution when he based his complaint on a sworn witness statement concerning dogfights, and his own observation that the dogs in question had scars consistent with such fights. Garraway v. Newcomb, No. 04-4626, 154 Fed. Appx. 258 (2nd Cir. 2005). [N/R]
Decision of prosecutor to dismiss charges against arrestee, not reached as part of any plea bargain, was not sufficient, under Connecticut law, standing alone, to constitute a favorable termination allowing the arrestee to proceed with a malicious prosecution lawsuit. Holman v. Cascio, No. 3:02CV1523, 390 F. Supp. 2d 120 (D. Conn. 2005). [N/R]
Excessive force, unreasonable search, and invasion of privacy claims were properly dismissed as time-barred under Texas two-year statute of limitations, but false arrest and malicious prosecution claims would not accrue until criminal prosecution against arrestee terminated in his favor. These claims, therefore, were not time-barred, and might be able to be re-filed after the prosecution of the plaintiff concluded. Price v. City of San Antonio, No. 04-51213, 2005 U.S. App. Lexis 26539 (5th Cir.). [2006 LR Feb]
A man arrested for intoxication while burning trash on his business property could not pursue his malicious prosecution claim under Pennsylvania law when he failed to show that the prosecution terminated in a manner favorable to him. He was given a citation for a summary offense upon being released from custody, and his wife allegedly sent in the required payment for the citation without his approval or knowledge. Despite his dispute as to whether she had authority to do so, the fact remained that the proceeding was terminated in favor of the municipality. Walker v. North Wales Borough, No. Civ. A. 05-CV-0425, 395 F. Supp. 2d 219 (E.D. Pa. 2005). [N/R]
Arrestee failed to show that arresting officers violated his due process rights by allegedly suppressing evidence concerning the details of his arrest, when that evidence was not material to the criminal charges he faced. He therefore could not pursue his malicious prosecution claims, and he abandoned any Fourth Amendment false arrest claim that he may have had. Ienco v. Angarone, No. 03-4193, 2005 U.S. App. Lexis 24467 (7th Cir.). [2006 LR Jan]
In police officer's malicious prosecution lawsuit claiming that he was improperly prosecuted following the death of an arrestee, he could not pursue claims against the county based on the actions of the county coroner, as the coroner was not a county policymaker, but instead only had the authority to make factual determinations as to a decedent's cause of death. Jorg v. City of Cincinnati, #04-4039, 145 Fed. Appx. 143 (6th Cir. 2005). [N/R]
City had probable caused to prosecute an employee for aggravated harassment, despite subsequent dismissal of charges for lack of "specificity of threat," when police officer received information that employee sent letters indicating that he was willing to do "anything," including "more serious acts" to attempt to get a favorable outcome in an employment discrimination case. Dorn v. Maffei, No. 02 CIV.2001, 386 F. Supp. 2d 479 (S.D.N.Y. 2005). [N/R]
Man arrested for harassment adequately stated claims for malicious prosecution and false arrest, alleging facts that would show his arrest and prosecution were not supported by probable cause. Sirlin v. Town of New Castle, 790 N.Y.S. 2d 484 (A.D. 2nd Dept. 2005). [N/R]
Officers' initial withholding of police reports from defense attorney in prosecution of 16-year-old for murder of 9-year-old boy did not result in prejudice to his defense, precluding his federal civil rights claim. Civil rights claim was also barred by prior determination, in his appeal of his criminal conviction, that no prejudice occurred. No liability despite subsequent release of plaintiff after new evidence exonerated him of the crime. Johnson v. Mahoney, #04-1745, 2005 U.S. App. Lexis 20111 (1st Cir.). [2005 LR Nov]
Arresting officer's observation of motorist swerving his vehicle while driving, the odor of alcohol on the driver's breath, and the fact that the driver failed a field sobriety test provided probable cause for an arrest and prosecution, precluding a malicious prosecution claim. Joseph v. West Manheim Police Dept., No. 04-3828, 131 Fed. Appx. 833 (3rd Cir. 2005). [N/R]
Deputy was not entitled to either absolute or qualified immunity on malicious prosecution claim when there were genuine issues of fact as to whether he fabricated the evidence which resulted in the prosecution of an arrestee for battery on him. Chweya v. Baca, #03-56226, 130 Fed. Appx. 865 (9th Cir. 2005). [N/R]
Dismissal of plaintiff's suit under the Federal Tort Claims Act is affirmed where a reasonable factfinder could conclude that plaintiff has failed to show that defendants assaulted or maliciously prosecuted him under Ohio law. Harris v. U.S., No. 04-3520, 2005 U.S. App. Lexis 19058 (6th Cir.). [2005 LR Oct]
A motorist could not pursue a claim for damages for alleged malicious prosecution for a traffic infraction in the absence that his conviction or sentence had been reversed on appeal, expunged, declared invalid or otherwise set aside. Koger v. Florida, No. 04-15649, 130 Fed. Appx. 327 (11th Cir. 2005). [N/R]
Grand jury indictment showed that prosecution of suspect for possessing a gambling device was supported by probable cause, entitling officer who gave grand jury testimony to qualified immunity in suspect's subsequent malicious prosecution lawsuit. The suspect did not claim that the officer had lied during his grand jury testimony, and the indictment created a presumption, which was unrebutted, of probable cause to prosecute. Matheis v. Fritton, No. 03-7719-CV, 128 Fed. Appx. 787 (2nd Cir. 2005). [N/R]
Arrest of former police officer under warrant charging him with theft of funds while in office was supported by probable cause, entitling defendants to summary judgment on false arrest and malicious prosecution claims. Voyticky v. Village of Timberlake, No. 04-3252, 2005 U.S. App. Lexis 11948 (6th Cir.). [2005 LR Aug]
Issuance of a citation requiring two men to appear in court on charges of trespass did not constitute a Fourth Amendment "seizure," and therefore they could not pursue a federal civil rights lawsuit for malicious prosecution after the charges were subsequently dismissed. Jury award of $173,237 in damages was properly vacated. DiBella v. Borough of Beachwood, No. 03-4892, 407 F.3d 599 (3d Cir. 2005). [2005 LR Jul]
While a one-year statute of limitations applied to an arrestee's malicious prosecution claim under Illinois law, the statute started to run not at the time criminal charges against him were first dismissed, since they could have still been reinstated, but rather at the time when a statutory speedy trial period lapsed, and the prosecutor was barred from continuing to seek to prosecute him. Ferguson v. City of Chicago, No. 97218, 820 N.E.2d 455 (Ill. 2004). [N/R]
Probable cause existed for arrest and prosecution of man for bank robbery after which he was identified as the robber from surveillance photographs by his former wife and subsequently identified by a bank teller as the robber from a clear photograph of six men. Trial court therefore properly dismissed malicious prosecution claim against U.S. government under the Federal Tort Claims Act, 28 U.S.C. Sec. 1346 and 2671. Waller v. United States, No. 03-20877, 100 Fed. Appx. 254 (5th Cir. 2004). [N/R]
Detective who arrested suspect for alleged drug trafficking was entitled to qualified immunity from false arrest and malicious prosecution claims when a reasonable officer could have found probable cause for the arrest based on circumstantial evidence, including the presence of drugs and drug paraphernalia, including a drug scale, found in a bedroom believed to be the suspect's. Further, the arrestee was subsequently released, with the charges against him dropped, when exonerating evidence was presented. Devatt v. Lohenitz, No. Civ.A.03-CV-5558, 338 F. Supp. 2d 588 (E.D.Pa. 2004). [N/R]
Arrestee did not present viable claims for wrongful arrest or malicious prosecution when grand jury indicted him for alleged sexual molestation of a child, and there was no showing that the defendants misled the grand jury. Shields v. Twiss, No. 03-51171, 2004 U.S. App. Lexis 22059 (5th Cir. 2004). [2005 LR Jan]
Indictment of arrestee for second-degree attempted murder charge barred his claims for false arrest and malicious prosecution, in the absence of any proof that the indictment was returned because of a suppression of evidence, perjury, fraud, or other government misconduct. Rivas v. Suffolk County, No. CV95-387, 326 F. Supp. 2d 355 (E.D.N.Y. 2004). [N/R]
Officer was entitled to qualified immunity in motorist's lawsuit asserting claims for malicious prosecution and false arrest based on a pursuit that concluded with the motorist's vehicle colliding with a fire hydrant. Based on the motorist pleading guilty to disorderly conduct charges in exchange for the dismissal of other charges against him, the plaintiff could not show that the prosecution terminated in his favor or that the officer did not have probable cause for the arrest. Timmins v. Toto, No. 02-9206, 91 Fed. Appx. 165 (2nd Cir. 2004). [N/R]
Despite a man's acquittal on a charge of murdering his spouse, his conviction on charges of domestic violence arising out of the same facts showed that there was probable cause for his arrest and prosecution, barring his claim for malicious prosecution. Garrett v. Fisher Titus Hospital, 318 F. Supp. 2d 562 (N.D. Ohio 2004). [N/R]
Arrestee's indictment by a grand jury established a rebuttable presumption that his arrest was supported by probable cause, which barred his claim for malicious prosecution, in the absence of any showing that the indictment was obtained by bad faith police conduct, suppression of evidence by the officers, or was the product of perjury or fraud. Wiggins v. Buffalo Police Department, 320 F. Supp. 2d 53 (W.D.N.Y. 2004). [N/R]
Police officer had probable cause to initiate criminal charges against the plaintiff based on statements he obtained from an off-duty officer who had been involved in a fight with the plaintiff, and an interview with a neighbor who had witnessed the incident, defeating any claim for malicious prosecution. A genuine issue, however, as to whether the off-duty officer acted in his capacity as an officer or purely as a private person during the fight precluded summary judgment on federal civil rights claims arising from the fight itself. Ousley v. Town of Lincoln Through Its Finance Dir., 313 F. Supp. 2d 78 (D.R.I. 2004). [N/R]
Law enforcement officers who are accused, in lawsuit, of purposefully eliciting false testimony to frame three men for murder, and then participating in a cover-up to protect themselves and the real killers, one of whom was being "groomed" as an informer, were not entitled to qualified immunity. Such behavior, if true, violated clearly established law, even as long ago as 1967. Limone v. Condon, No. 03-2130, 2004 U.S. App. Lexis 11577 (1st Cir.). [2004 LR Jul]
In the absence of a showing that the defendants initiated a prosecution against the plaintiff, he could not pursue a malicious prosecution claim under either federal or New York law. Further, alleged violations of New York state criminal law, standing alone, could not be the basis for a federal civil rights action. Hansel v. Brazell, #02-9433, 85 Fed. Appx. 237 (2nd Cir. 2004). [N/R]
Police department forensic chemist could be sued for malicious prosecution for allegedly withholding exculpatory evidence and fabricating inculpatory evidence, even if she did not initiate the prosecution or make the decision to continue it. She was not entitled to qualified immunity in lawsuit brought by man who spent fifteen years in prison for a rape that DNA evidence now shows he did not commit. Pierce v. Gilchrist, No. 02-6241, 359 F.3d 1279 (10th Cir. 2004). [2004 LR May]
Arrestee whose rape conviction was overturned after more than ten years of imprisonment failed to show that police officer named as defendant in his federal civil rights lawsuit took an active part in procuring or continuing his prosecution as required for malicious prosecution claim under Massachusetts state law. Miller v. City of Boston, 297 F. Supp. 2d 361 (D. Mass. 2003). [N/R]
Losses that individual allegedly incurred as a result of wrongful incarceration on narcotics charges, including loss of employment and wages, were "personal injuries," rather than injuries to the plaintiff's business or property, so that he was not able to bring a lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. Sec. 1964(c) against city officials and police officers who allegedly conspired to falsely arrest and maliciously prosecute him. Guerrero v. Gates, #02-56017, 357 F.3d 911 (9th Cir. 2004). [N/R]
FBI agents were not entitled to either absolute or qualified immunity on claims that they essentially "framed" a former informant on charges of kidnapping and murder by arranging for false evidence against him which led to convictions and sentences of life imprisonment and death respectively, which subsequently were overturned. Plaintiff claimed that these actions were in retaliation for his decision to stop being an informant. Manning v. Miller, #02C372, 355 F. 3d 1028 (7th Cir. 2004). [2004 LR Apr]
Officers had probable cause to arrest suspect when complaining witness stated that the arrestee had stabbed him several times with an awl during an argument and that the arrestee was the aggressor. Additionally, the arrestee's subsequent indictment for assault created a presumption of probable cause for the arrest which the plaintiff arrestee failed to overcome in his false imprisonment and malicious prosecution lawsuit. Jenkins v. City of New York, 770 N.Y.S.2d 22 (A.D. 1st Dept. 2003). [N/R]
Police officers' alleged withholding from prosecutors of the fact that the arrestee had provided his identification to them when they requested it was insufficient to constitute the suppression of exculpatory evidence. Arrestee himself had that information. Further, this fact was only related to the issue of whether the arrest was proper and was irrelevant to the arrestee's conviction on extortion, racketeering, and firearms charges, and therefore irrelevant for purposes of his malicious prosecution claim. Summary judgment entered for defendant officers. Ienco v. Angarone, 291 F. Supp. 2d 755 (N.D. Ill. 2003). [N/R]
Arrestee could not successfully seek damages based merely on a custodial interrogation without Mirada warnings when none of her elicited statements were ever used against her at trial. Federal appeals court also overturns $80,000 malicious prosecution award to arrestee, who claimed that officers filed false charges against her and maliciously pursued them in order to assist her officer boyfriend, who she accused of domestic abuse. Plaintiff's opening statement at trial put the question of the defendant officer's truthful character into issue, so it was prejudicial error to exclude evidence of that character. Renda v. King, #01-2421, 347 F.3d 550 (3rd Cir. 2003). [2004 LR Feb]
Probable cause existed to arrest and prosecute plaintiff for harassment in allegedly faxing pictures with faces of a famous couple superimposed on the bodies of nude models based on many complaints made against him for allegedly faxing such photos, and his previous history of harassment of the famous couple [Marla Maples Trump and Donald J. Trump]. His federal civil rights claims were therefore properly dismissed. Jones v. Trump, #02-7650, 71 Fed. Appx. 873 (2nd Cir. 2003). [N/R]
Arrestee's malicious prosecution claim was barred by a one-year statute of limitations for claims against a municipality. The cause of action against the city accrued, and one-year time period began to run when the charges against the arrestee were first "stricken with leave to reinstate," not when the 160-day time period for reinstating the charges expired. Ferguson v. City of Chicago, #1-02-2463, 795 N.E.2d 984 (Ill. App. 1st Dist. 2003). [N/R]
City employee indicted and prosecuted for the theft of a ring from a crime scene failed to show that his indictment was obtained as the result of police conduct carried out in bad faith, and therefore failed to rebut a presumption of probable cause which arose from his indictment, defeating his malicious prosecution claim. There was no showing that supposedly exculpatory observations of the plaintiff by one officer at the crime scene were intentionally withheld from the prosecutor prior to the indictment. Savino v. City of New York, No. 02-7108, 331 F.3d 63 (2nd Cir. 2003). [N/R]
Arrestee who was awarded $80,000 in jury verdict for city's prosecution of him for obstruction of justice without probable cause was properly awarded attorneys' fees, but trial court applied the wrong legal standard in reducing the award of attorneys' fees to $95,507 based on the hours attorneys spent on plaintiff's unsuccessful claims. Webb v. Sloan, No. 01-16855, 330 F.3d 1158 (9th Cir. 2003). [2003 LR Sep]
Dismissal without prejudice of loitering charge against defendant on the basis that the charging document was based on hearsay from an unidentified source was not a "favorable termination" of the charges sufficient to allow the pursuit of a malicious prosecution claim under New York law against the arresting officer. Neal v. Fitzpatrick, No. CV-6209-NG-WDW, 250 F. Supp. 2d 153 (E.D.N.Y. 2003). [N/R]
Plaintiff adequately alleged factual issues of whether county police officer knowingly presented false information in an affidavit of probable cause that resulted in a criminal complaint against him in retaliation for his opposition to the county's alleged discrimination against disabled persons. Douris v. Schweiker, No. 02-1749, 229 F. Supp. 2d 391 (E.D. Pa. 2002). [N/R]
Prosecutor was entitled to absolute immunity for alleged suppression of exculpatory evidence in criminal prosecution and alleged instructions to witness to falsely implicate defendant during murder trial. Federal appeals court rejects argument that it should adopt an exception to prosecutorial immunity for "egregiousness" in cases of "drastic and systematic departure" from the proper exercise of prosecutorial power. Cousin v. Small, No. 01-30745, 325 F.3d 627 (5th Cir. 2003). [N/R]
Arrestee allegedly misidentified as seller of drugs in undercover drug "buy" by police officers did not show that police officers failed to follow their standard operating procedures for identification, and therefore could not pursue her malicious prosecution claim against the state of New York, since nothing supported her assertion that the officers acted intentionally or recklessly in misidentifying her. Harris v. State of New York, 756 N.Y.S. 2d 302 (A.D. 3rd Dept. 2003). [N/R]
Department of Motor Vehicles investigator was entitled to qualified immunity in federal civil rights malicious prosecution claim since the investigator informed the prosecutor in a timely fashion that the arrestee was innocent of the charge of possessing a "forged instrument" when he tried to exchange a valid U.S. Virgin Islands driver's license for a New York license. Record of Virgin Islands license's issuance could not be found at the time of the arrest, but showed up later, so there was probable cause for the arrest. Kinzer v. Jackson, #01-0157, 316 F.3d 139 (2nd Cir. 2003). [N/R]
A reasonable officer could have believed that there was probable cause to prosecute an attorney for concealing evidence when he advised a client being investigated for involvement in a hit and run accident that he could move his vehicle as long as evidence was preserved. Officers were entitled to qualified immunity from attorney's malicious prosecution claims. Tittle v. Raines, 231 F. Supp. 2d 537 (N.D. Tex. 2002). [N/R]
Federal appeals court upholds $3.5 million damage award for alleged malicious prosecution of restaurant owner for arson of one of his restaurants. Off-duty police officer who worked for restaurant as security officer and a former restaurant employee who allegedly conspired with him to have the plaintiff arrested, convicted and sentenced are both found liable. Castellano v. Fragozo, #00-50591, 311 F.3d 689 (5th Cir. 2002). [2003 LR Mar]
Three year statute of limitations for both Maryland state and federal malicious prosecution claims by inmate wrongfully incarcerated for rape and murder started to run on the date that the criminal proceedings terminated in his favor, but the claims for false arrest and imprisonment accrued as of the date of the original arrest. Gray v. Maryland, 228 F. Supp. 2d 628 (D. Md. 2002). [N/R]
Officer who investigated a mother's alleged assault of her teenage daughter was not liable for malicious prosecution when the mother provided no evidentiary support for her claim that the officer was untruthful in his trial testimony, and did not even show that he caused her to be prosecuted or arrested or seized her. Nothing in the record showed that the investigating officer had anything to do with the prosecution, in fact, after he submitted his report to the prosecutor's office. Skousen v. Brighton High School, #00-2170, 305 F.3d 520 (6th Cir. 2002). [2003 LR Feb.]
Arizona Supreme Court upholds $1.4 million malicious prosecution jury award against city and police detective for pawn shop manager after dismissal of charges of theft and trafficking in stolen goods. Gonzales v. City of Phoenix, No. CV-01-0170-PR, 52 P.3d 184 (Ariz. 2002). [2003 LR Jan]
Detective's affidavit, on the basis of which an arrest warrant was obtained to arrest a postal employee for retaliating against a witness, had sufficient facts to support probable cause even though it also contained exculpatory claims of the employee which would have negated probable cause if the judge had decided to believe his version of the incident. Detective was not liable for malicious prosecution. Lewis v. Rock, #01-1329, 48 Fed. Appx. 291 (10th Cir. 2002). [N/R]
Officer had probable cause to proceed with charges against male high school student accused by female student of sexually assaulting her and later menacing her in violation of his conditions of release. Arrestee's contention that investigative network of police and prosecutors focusing on domestic violence and sexual abuse cases had an "anti-male" bias and a "secret, sinister agenda" was "unsupported speculation." Treon v. Whipple, 212 F. Supp. 2d 285 (D. Vt. 2002). [2002 LR Dec]
Federal appeals court overturns $20,000 malicious prosecution award against sheriff's department arising from suspect's arrest for possession of marijuana with intent to distribute. The circumstances surrounding the plaintiff's acceptance of delivery of a package containing the drugs gave the officers probable cause to believe he was guilty of the charged offense. Gordy v. Burns, #01-30234, 294 F.3d 722 (5th Cir. 2002). [2002 LR Nov]
State police officer was not liable for malicious prosecution or false arrest of man arrested for alleged criminal sexual conduct with a child on the basis of taking down "false information" from a deputy prison warden who called him. Arrestee did not show that officer was personally involved in the alleged violation of the arrestee's rights. Additionally, under Michigan law, the issue of probable cause was decided in court when the arrestee was bound over for trial at a preliminary hearing and he could not relitigate that issue. Morris v. Boyd, #01-1433, 39 Fed. Appx. 281 (6th Cir. 2002). [2002 LR Nov]
Police officer lacked probable cause for pursuing prosecution of motorist a second time for allegedly having inadequate brakes on his vehicle since officer did not have either the training or authority to conduct a safety check of the motorist's vehicle. New trial granted on malicious prosecution claim. Hicks v. City of Buffalo, 745 N.Y.S.2d 349 (A.D. 2002). [N/R]
Reversal of criminal convictions for larceny and unlawful practice of law on the basis that the Attorney General did not have the authority to prosecute the accused under the state law was not a "favorable termination" for the accused for purposes of a malicious prosecution lawsuit when there was probable cause for the criminal prosecution and the accused was indicted by a grand jury. Romero v. State of New York, 742 N.Y.S.2d 701 (A.D. 2002). [N/R]
Police officers' alleged failure to follow some leads or to take accurate investigation notes in child sexual abuse investigation only showed possible carelessness, rather than the malice required to support a claim under New York law by an arrested day care aide for malicious prosecution. Ramos v. City of New York, 729 N.Y.S.2d 678 (A.D. 2001). [N/R]
Malicious prosecution claims against officers, based on arrest pursuant to warrant, were not time-barred by Indiana's two-year statute of limitations since the claims did not accrue until the criminal prosecution was dismissed, rather than at the time of the arrest. Appeals court still upholds dismissal of claims against officers, however, in the absence of any allegation that they played an "essential or influential" role in obtaining the warrant or indictment. Snodderly v. R.U.F.F. Drug Enforcement Task Force, No. 99-3688, 239 F.3d 892 (7th Cir. 2001). [N/R]
Jury awards $15 million to man incarcerated for 15 years for murder and armed robbery conviction based in part on lineup in which officers allegedly "manipulated" three witnesses to incorrectly identify the plaintiff as the criminal. Newsome v. James, No. 96C-7680, Oct. 29, 2001, U.S. Dist. Ct., N.D. Ill, reported in The National Law Journal, p. A1 (Nov. 12, 2001). [2002 LR Feb]
Woman arrested for alleged narcotics sale to undercover officer stated a claim for false arrest and malicious prosecution when she alleged that she did not meet the description of the suspect sought, was arrested on the basis of an unreliable and suggestive one-person "show-up" identification, and officers had a videotape of the subject sought that they could have compared her appearance to. Hutchins v. Peterson, No. 2:00-CV-457, 139 F. Supp. 2d 575 (D. Vt. 2001). [2002 LR Jan]
346:152 Federal appeals court rules that plaintiff did not have a constitutional claim for malicious prosecution separate from his Fourth Amendment false arrest, false imprisonment and unreasonable seizure claims; elements of a constitutional claim for malicious prosecution "cannot depend" on state law. Frantz v. Village of Bradford, No. 99- 4186, 245 F.3d 869 (6th Cir. 2001).
EDITOR'S NOTE: The cases from other circuits cited by the majority panel decision above are:
"Fourth Amendment analysis": Britton v. Maloney, #98-2092, 196 F.3d 24 (1st Cir. 1999); Gallo v. City of Philadelphia, #98-1071, 161 F.3d 217 (3d Cir. 1998); Brooks v. City of Winston-Salem, #94-7063, 85 F.3d 178 (4th Cir. 1996); Taylor v. Meacham, #95-4008, 82 F.3d 1556 (10th Cir. 1996); Whiting v. Traylor, #95-4268, 85 F.3d 581 (11th Cir. 1996).
"State law elements analysis": Kerr v. Lyford, #97-41553, 171 F.3d 330 (5th Cir. 1999); Reed v. City of Chicago, #95-1606, 77 F.3d 1049 (7th Cir. 1996); Haupt v. Dillard, #92-15966, 17 F.3d 285 (9th Cir. 1994); and (illustrating the two different approaches the majority said the Second Circuit took): Cook v. Sheldon, #94-7282, 41 F.3d 73 (2d Cir. 1994) (state law elements analysis) and Singer v. Fulton County Sheriff, #94-9093, 63 F.3d 110 (2d Cir. 1995) (Fourth Amendment analysis).
342:85 Officer liable for $35,000 for civil rights violation and false imprisonment of attorney arrested for alleged interference with apprehension of two of his clients; lawsuit asserted officer and prosecutor obtained arrest warrant based on false/misleading information; prosecutor also liable for $65,000. Etoch v. Newton, Ark., No. CIV-96-105, Phillips County Cir. Ct., Ark., Sept. 14, 2000, reported in ATLA Law Rptr. (Feb. 2001).
340:60 Dismissal of criminal charges on statutory speedy trial grounds was a "favorable termination" of the charges in favor of the accused, sufficient to allow them to pursue a malicious prosecution lawsuit, highest court in New York rules. Smith-Hunter v. Harvey, 712 N.Y.S.2d 438 (N.Y. 2000).
340:59 Even if the techniques used to interview child complainants were improper and coercive, nursery school teacher indicted and prosecuted for alleged sexual abuse of children could not recover damages since these interrogation techniques did not violate her own constitutional rights; prosecutors were entitled to absolute immunity for presenting children's testimony to grand jury and at trial. Michaels v. New Jersey, #99-5486, 222 F.3d 118 (3rd Cir. 2000).
340:53 New York appellate court reduces total damages awarded for emotional distress, false arrest, and malicious prosecution from jury's award of $250,000 to $135,000, including reduction in punitive damages from
$100,000 to $50,000. Lynch v. County of Nassau, 717 N.Y.S.2d 248 (A.D. 2000).
338:19 Officer was entitled to official immunity against liability for malicious prosecution under Georgia state law for obtaining arrest warrants, in the absence of any proof that he acted with "actual malice" or intent to cause harm. Todd v. Kelly, No. A00A0712, 535 S.E.2d 540 (Ga. App. 2000).
337:8 N.Y. state trooper was liable for compensatory and punitive damages for failure to turn over exculpatory materials to prosecutor which he developed during internal and criminal investigation of fellow trooper being prosecuted for allegedly striking his former girlfriend; investigating officer determined that criminal charges against trooper were not justified, but failed to disclose exculpatory evidence or his report. Kemp v. Lynch, 713 N.Y.S.2d 790 (A.D. 2000).
330:91 $4.5 million settlement reported in lawsuit brought by former member of the Black Panther Party whose conviction for murder was overturned after he spent twenty- seven years in prison; lawsuit claimed that law enforcement officials hid and/or destroyed wiretap evidence that would have supported his alibi of being elsewhere at the time of the murder. Pratt v. City of Los Angeles, U.S. Dist. Ct., S.D.Cal., reported in The New York Times, p. A18 (April 27, 2000).
331:105 Law enforcement officials had probable cause to pursue prosecution of man for allegedly murdering his wife; despite jury acquittal on criminal charges, he could not recover damages on a malicious prosecution theory. Nugent v. Hayes, 88 F.Supp. 2d 862 (N.D. Ill. 2000).
334:149 False arrest and malicious prosecution claims against officers were time barred under Illinois law when filed more than a year after the time the criminal case against the plaintiff had been dismissed; dismissal with "leave to reinstate" did not, in any event, constitute a final disposition of the case in favor of the criminal defendant, as required to support a malicious prosecution claim. Woodard v. Eubanks, 94 F.Supp. 2d 940 (N.D. Ill. 2000).
334:154 Mississippi state gaming commission and two of its investigating agents held liable for $45,000 for malicious prosecution of man placed temporarily in charge of charitable bingo game by his brother-in-law, the authorized person; appeals court finds that agents obtained immediate arrest of plaintiff only after he refused to continue cooperating with their investigation; 15% penalty imposed for unsuccessful appeal of award. Mississippi Gaming Commission v. Baker, No. 97-CA-01507-COA, 755 So. 2d 1129 (Miss. App. 1999).
[N/R] Dropping of criminal charges against a government employee in exchange for his agreement to retire from his job was not a termination of the prosecution in the employee's favor which would allow him to sue for malicious prosecution under Texas state law. Evans v. Ball, No. 97-41389, 168 F.3d 856 (5th Cir. 1999).
331:108 Officer's unsigned and unsworn memorandum, prepared for police department's legal section, was inadmissible hearsay which was improperly relied on by trial judge in granting summary judgment in malicious prosecution case brought by a member of a community police monitoring organization who was issued a citation for following a police vehicle in which two members of her group were being transported following their arrest. Sikora v. Gibbs, No. 98AP-655, 726 N.E.2d 540 (Ohio App. 1999).
333:133 Georgia notice of claims statute only applied to claims that married couple arrested after school board meeting had against the city, not to claims against individual city employees; couple's counter-claim for alleged abusive litigation was improper in officer's lawsuit against them for injuries, since it could only be brought after the termination of the first lawsuit. Jacobs v. Littleton, Nos. A99A2014-A99A2016, 525 S.E.2d 433 (Ga. App. 1999).
26:27 UPDATE Danish mother who left sleeping infant outside restaurant in carriage was not falsely arrested, New York federal jury finds, but still awards her $66,400 in damages for post-arrest damages, including alleged police department practice of failing to advise foreign arrestee of their right to seek assistance from their country's consulate; $1 each awarded to woman and the father of her baby for strip search. Sorensen v. City of New York, U.S. Dist. Ct., S.D.N.Y., reported in The New York Times, p. A23 (Dec. 15, 1999).
327:42 Sheriff's action of allegedly issuing criminal summons to woman in retaliation for her political opposition to him did not state a civil rights claim for malicious prosecution when she was not arrested, detained, fingerprinted, or ultimately prosecuted; plaintiff's liberty was not restricted in any way; summons and alleged defamatory remarks to the press also did not constitute a violation of First Amendment rights when no tangible adverse damage resulted from these acts. Matherne v. Larpenter, 54 F.Supp. 2d 684 (E.D. La. 1999).
329:68 Man arrested for disorderly conduct by New York state park police officer could not sue for false arrest or malicious prosecution when a citation issued to him was "adjourned in contemplation of dismissal," since this was not viewed as a termination in his favor under state law. Bowles v. State of New York, 37 F.Supp. 2d 608 (S.D.N.Y. 1999).
329:68 Officers and city were not liable for false arrest or malicious prosecution to man arrested pursuant to valid arrest warrants for theft and criminal trespass, despite the fact that he was not actually the person named in the warrants; arrestee had the same first and last name as suspect sought, lived at the address named in the warrant, and generally fit the description of the suspect. Montgomery v. City of Montgomery, No. 2971214, 732 So. 2d 305 (Ala. Civ. App. 1999).
323:171 City liable for45% ($5.2533 million) of $11.674 million award to man imprisoned for seventeen years based on false accusation by someone involved in robbery/killing of taxi driver that he was the triggerman; Louisiana appeals court finds that officers did not have probable cause for arrest and that prosecutor did not have probable cause for prosecution. Gibson v. State, 731 So. 2d 379 (La. App. 1999).
323:169 Connecticut Supreme Court upholds $930,000 false arrest/malicious prosecution award against two detectives who procured warrant for his arrest; plaintiff argued that omissions in affidavit for warrant resulted in his arrest and prosecution without probable cause. Ham v. Greene, 729 A.2d 740 (Conn. 1999).
323:167 Police officer who made arrest of store employee could rely on information supplied to him by store security and did not need to make independent investigation or examine all documents in question before arresting employee for alleged theft; city was not liable for false arrest or malicious prosecution. Melder v. Sears, Roebuck & Co., 731 So. 2d 991 (La. App. 1999).
322:153 Officers lacked probable cause for arrest of father who submitted four nude photos of his three-year- old daughter to a photo lab for developing; mere nudity did not show "lewdness" and daughter's explanation, during questioning, that her daddy had helped her take off her clothes, put a necklace around her waist, and told her to stand against a wall was consistent with an "innocent act" as well as a criminal act; malicious prosecution claim rejected because of an absence of a showing of malice on officers' part. Galante v. County of Nassau, #QDS:72700764, N.Y. Sup. Ct. (Nassau County), reported in New York Law Journal, (Feb. 16, 1999).
322:153 Danish couple who left sleeping infant outside restaurant in carriage while going inside for drinks could sue officers who arrested them for endangering child's welfare and who removed child from their custody; malicious prosecution claim dismissed, however, since dismissal of criminal charges against them was not unqualified. Sorensen v. City of New York, 1999 U.S. Dist. Lexis 10927 (S.D.N.Y.).
317:75 Four men wrongfully convicted of participation in kidnapping, gang-rape and double homicide, two of whom faced death sentences, receive $36 million settlement in lawsuits against county claiming that investigators, including sheriff's deputies, "framed" them by encouraging witness to lie, failing to reveal exculpatory evidence, and failing to pursue leads that would have led to actual killers, three of whom have now been convicted. Williams v. Sheahan, Circuit Court of Cook County, Chicago, Ill., reported in Chicago Tribune, Sec. 1, p. 1 (March 6, 1999).
315:43 Arrestee whose convictions for armed robbery and murder were overturned on appeal because he was arrested without probable cause could not sue arresting officers for malicious prosecution when he did not claim that officers did anything improper to further his prosecution following his arrest. Sneed v. Rybicki, #97-2256, 146 F.3d 478 (7th Cir. 1998).
314:23 Federal civil rights claim against police chief for malicious prosecution abated with police chief's death under Oklahoma law; state law governed survival of action under federal civil rights statute. Pietrowski v. Town of Dibble, #97-6012, 134 F.3d 1006 (10th Cir. 1998).
301:11 Prisoner could not pursue federal civil rights malicious prosecution claim against officers when his conviction for murder had not been overturned; vague allegations that officers arrested him and "orchestrated" his prosecution because of his active participation in the Muslim community were insufficient for an abuse of process claim. Duamutef v. Morris, 956 F.Supp. 1112 (S.D.N.Y. 1997).
302:22 Police officer could not be liable, under California state law, for damages arising from false arrest which occurred after the time that the arrestee was formally arraigned in court on criminal charges; California statute provides immunity from liability for malicious prosecution; California Supreme Court orders further proceedings in case where jury awarded $1.257 million against officer and city. Asgari v. City of Los Angeles, 63 Cal.Rptr.2d 842, 937 P.2d 273 (Cal. 1997).
303:35 Port Authority employee arrested by officers for entering restricted area without showing identification or obeying commands to stop awarded $46,000 in damages for excessive force during arrest, despite ruling that officers had probable cause to arrest him, since they reasonably thought that he was a trespasser; intermediate state appeals court rules that damages awarded were inadequate. Freeman v. Port Authority of New York, 659 N.Y.S.2d 13 (A.D. 1997).
304:57 Dismissal of criminal prosecution for violation of the right to a speedy trial could constitute a "favorable termination" for purposes of a malicious prosecution lawsuit under New York state law if there was evidence that the prosecution was abandoned because the charges lacked merit. Velasquez v. City of New York, 960 F.Supp. 776 (S.D.N.Y. 1997).
305:74 Arrestee entitled to $50,000 in damages and $89,888.17 in attorneys' fees and costs in malicious prosecution case brought over criminal charges dropped for failure to bring them to speedy trial. Murphy v. Lynn, 118 F.3d 938 (2nd Cir. 1997).
305:70 Wife's statement to officers that her estranged husband had violated restraining order, together with corroboration of witness and officers' independent knowledge of husband's past conduct, gave officers probable cause to arrest him, barring false arrest, false imprisonment, and malicious prosecution claims. Beaudoin v. Levesque, 697 A.2d 1065 (R.I. 1997).
305:75 Federal Marshals were not entitled to absolute witness immunity on claim that they fabricated story of what happened in initial Ruby Ridge shootout; court finds that agents acted as "complaining witnesses" and could be liable for malicious prosecution; court also disapproves of "Special Rules of Engagement" under which agents were to shoot to kill any armed male in the vicinity of a farmhouse, without warning or showing of immediate danger. Harris v. Roderick, 126 F.3d 1189 (9th Cir. 1997), cert. denied, Smith v. Harris, 118 S.Ct. 1051 (1998).
308:120 Two year statute of limitations on malicious prosecution claim began to run when magistrate dismissed case against arrestee, despite the fact that criminal charges against him could have been reinstated during a subsequent four year period; lawsuit brought three years later was time-barred under Georgia law. Waters v. Walton, 483 S.E.2d 133 (Ga. App. 1997).
{N/R} Governor's pardon did not have effect of freeing individual from adjudication of guilt for purpose of bringing lawsuit for wrongful imprisonment and violation of civil rights. Wilson v. Lawrence County, Missouri, 978 F.Supp. 915 (W.D. Mo. 1997).
{N/R} Officer liable for $200,000 in compensatory damages in malicious prosecution lawsuit; allegation that officer filed false felony assault charge against plaintiff in retaliation for his objection to illegal seizure of his rifle stated claim for violation of civil rights. Britton v. Maloney, 981 F.Supp. 25 (D. Mass. 1997).
{N/R} Detective was not entitled to qualified immunity in arrestee's malicious prosecution lawsuit when plaintiff alleged that there was no evidence against him other than the fact that he had a name "similar" to the actual suspect's name. Morales v. Busbee, 972 F.Supp. 254 (D.N.J. 1997).
290:22 Man serving sentence for second degree burglary after pleading guilty was barred by that plea from pursuing federal civil rights lawsuit for arrest without probable cause; claims for malicious prosecution and officer's alleged false testimony could not be pursued when plaintiff's conviction and sentence had not been overturned Williams v. Schario, 93 F.3d 527 (8th Cir. 1996).
290:25 Federal civil rights claim for alleged use of tainted evidence in criminal prosecution accrued when plaintiff's conviction for murder was reversed on appeal, and he could file and pursue the suit even though there was a pending second trial on the same charges Davis v. Zain, 79 F.3d 18 (5th Cir. 1996).
291:40 Trial court erroneously awarded damages to man arrested by New York police based on erroneous information that there was a warrant for his arrest in Maryland; New York state could not be held liable on "negligence" theory in such circumstances when trial court ruled there was probable cause for the arrest, which barred false arrest and malicious prosecution claims Heath v. State of New York, 645 N.Y.S.2d 366 (A.D. 1996).
296:121 Man charged with sexual assault on mildly retarded girl receives $200,000 settlement after charges are dropped; suit asserted that charges were pursued despite statements of witnesses that plaintiff, although physically present, did not participate in the assault Corcoran v. Essex County, U.S. Dist. Ct., NJ, The New York Times, p. 34, National Edition (April 20, 1997).
{N/R} Boat owner stated claim for malicious prosecution civil rights violation based on seizure of boat for alleged violation of registration number display requirement and subsequent arrest of boat owner Whiting v. Traylor, 85 F.3d 581 (11th Cir. 1996).
{N/R} Trial court erred in setting aside jury's verdict for plaintiff on state law malicious prosecution claim on basis that it was "inconsistent" with jury's verdict for officer on federal civil rights claim Mosley v. Wilson, 102 F.3d 85 (3rd Cir. 1996).
{N/R} Striking of criminal charges with leave to reinstate constituted a favorable termination for the accused when subsequent lapse of time prevented charges from being reinstated, giving rise to possible malicious prosecution claim Jenkins v. Meginnis, 931 F.Supp. 567 (N.D.Ill. 1996).
283:109 Determination, in criminal proceeding, that police officers' search of arrestee was unlawful did not bar officers or city from contesting that issue in later false arrest/malicious prosecution lawsuit brought by arrestee Taveras v. City of New York, 635 N.Y.S.2d 608 (A.D. 1995).
284:120 Mere fact that individuals were indicted by grand jury after they had already filed federal civil rights lawsuit against officers who conducted gambling raid on their business premises did not show that prosecution was retaliatory in violation of their First Amendment rights; evidence clearly showed that there was intent to seek indictments prior to filing of civil rights lawsuit Enlow v. Tishomingo County, Mississippi, 45 F.3d 885 (5th Cir. 1995).
277:7 Eyewitness identification of suspect as the shooter in a murder provided probable cause for arrest and prosecution; officer's alleged subsequent failure to talk with witnesses presented by arrestee's parents did not negate probable cause at time of arrest Dukes v. City of New York, 879 F.Supp. 335 (S.D.N.Y. 1995).
278:22 Three year statute of limitations began to run on malicious prosecution claim from the time the charges against the plaintiff were finally dismissed, not from the time of the arrest Murphy v. Lynn, 53 F.3d 547 (2nd Cir. 1995).
277:3 County Sheriff's Department liable for $159 million for raid by 100 deputies on Samoan/American bridal shower at which deputies allegedly falsely arrested 36, used excessive force, and shouted racial epithets Dole v. County of Los Angeles Sheriffs, No C751398, L.A. Superior Ct., Cal., Aug 16, 1995, Vol 108 no 167 LA Daily Journal (Verd. & Stl.), p. 4 [Cross-references: False Arrest/Imprisonment: No Warrant; Governmental Liability: Policy/Custom; Malicious Prosecution]
281:75 Suspect in murder investigation whose indictment was dismissed after witness recanted his testimony could not sue investigating detective and city for malicious prosecution when dismissal of charges was not necessarily final Russell v. Smith, 68 F.3d 33 (2nd Cir. 1995).
284:121 Jury awards $201,001 in damages against police officer for malicious prosecution and assault and battery; court finds sufficient evidence to support jury's conclusion that officer maliciously filed false report stating that arrestee attacked him and resisted arrest; assault and battery award, under state law, was not contradictory to jury's finding of no Fourth Amendment unreasonable force violation Lee v. Edwards, 906 F.Supp. 94 (D.Conn 1995). [Cross-reference: Assault and Battery: Physical]
285:140 Evidence of arrestee's acquittal on criminal charges growing out of altercation with off-duty officer was properly admitted since favorable termination of criminal case was a necessary element of malicious prosecution claim; Rhode Island Supreme Court upholds $20,000 compensatory damages award, but rules that $50,000 punitive damages award against officer was excessive and that $10,000 would be a more appropriate amount of punitive damages Minutelli v. Boranian, 668 A.2d 317 (RI 1995). [Cross-references: Damages: Punitive]
287:171 Alabama Supreme Court rules that municipality may not be sued, under state law, for malicious prosecution, but rejects argument that municipality was also immune from liability for false arrest/imprisonment or assault and battery allegedly carried out by one of its police officers Franklin v. City of Huntsville, 670 So2d 848 (Ala 1995). [Cross-references: Assault and Battery: Physical; False Arrest/Imprisonment: No Warrant]
{N/R} Arrestee's civil rights action against federal law enforcement authorities for malicious prosecution/false arrest was barred in absence of proof that his conviction had been overturned Tavarez v. Reno, 54 F.3d 109 (2nd Cir. 1995).
265:12 Trial judge in malicious prosecution lawsuit erred in failing to instruct jury that it had to find, before awarding damages, that officer had no probable cause for commencing and continuing prosecution for "harassment," the charge in the criminal complaint, rather than instructing that it could award damages if officer had no probable cause for earlier charge of "assault," later dropped Kellermueller v. Port Authority of NY & NJ, 607 N.Y.S.2d 942 (A.D. 1994).
271:105 Convicted robber could not sue under federal civil rights statute on his allegation that police officers committed perjury against him and coerced witnesses to wrongfully identify him when his conviction had not been overturned on appeal or otherwise invalidated Channer v. Mitchell, 43 F.3d 786 (2nd Cir. 1994).
274:154 Arrestees' agreement to enter into federal pre-trial diversion program, which resulted in them not being prosecuted, did not constitute "favorable" termination of criminal proceeding for purposes of bringing a malicious prosecution lawsuit Taylor v. Gregg, 36 F.3d 453 (5th Cir. 1994).
Arrestee did not establish a federal civil rights claim for malicious prosecution when state law malicious prosecution remedy was not inadequate, and there was no allegation that prosecution was based on racial or political grounds or to otherwise deprive him of equal protection of law; no liability under state law for malicious prosecution in this case when arresting officers did not initiate or participate actively in bringing of criminal charges by Attorney General's office Senra v. Cunningham, 9 F.3d 168 (1st Cir. 1993).
U.S. Supreme Court holds that courts should dismiss federal civil rights suits seeking damages when a judgment in favor of the plaintiff necessarily implies that invalidity of the plaintiff's criminal sentence, but that sentence has not already been overturned Heck v. Humphrey, 114 S.Ct. 2364 (1994).
Motorist issued a more serious speeding citation after she contested a less serious one was entitled to an injunction against prosecution on the new citation and an award of $20,000 and attorneys' fees against issuing officer when he allegedly issued more serious charges in retaliation for her pleading not guilty and requesting a hearing Ruscavage v. Zuratt, 821 F.Supp. 1078 (E.D. Pa 1993).
Man arrested in courtroom corridor by court security officers, and not convicted of any charges, awarded $75,000 in compensatory damages in malicious prosecution claim, and a total of $150,000 in punitive damages on malicious prosecution, excessive force, and false arrest claims King v. Macri, 993 F.2d 294 (2nd Cir. 1993).
Pennsylvania Supreme Court holds that quashing of an indictment on the basis of double jeopardy and prosecutorial abandonment of charges in a second case both constituted "favorable termination" of criminal cases for purposes of an arrestee bringing a malicious prosecution lawsuit against law enforcement officials Haefner v. Burkey, 626 A.2d 519 (Pa 1993).
Federal constitutional claims based on malicious prosecution must be brought under the Fourth Amendment rather than the Fourteenth Amendment's due process clause, a plurality of the U.S. Supreme Court holds Albright v. Oliver, 114 S.Ct. 806 (1994).
Jury which awarded a total of $770,000 in compensatory damages for malicious prosecution against city and four officers was improperly instructed; all defendants should have been found jointly and severally liable for a total amount of damages for this "single injury" rather than being assessed different individual amounts; $440,000 in damages against five officers awarded on other civil rights claims Rodick v. City of Schnectady, 1 F.3d 1341 (2nd Cir. 1993).
Oklahoma Supreme Court finds that state statute immunizes municipality from liability for malicious prosecution Parker v. City of Midwest City, 850 P.2d 1065 (Okl 1993).
Federal appeals court holds that alleged malicious prosecution of arrestee was insufficient to support federal civil rights lawsuit, absent violation of another right or deprivation of liberty or property Ayala-Martinez v. Anglero, 982 F.2d 26 (1st Cir. 1992).
Termination of criminal case under Connecticut's "accelerated pretrial rehabilitation program" was not a termination favorable to the arrestee for purposes of bringing a federal civil rights claim based on malicious prosecution or false imprisonment Roesch v. Otarola, 980 F.2d 850 (2nd Cir. 1992).
Officers not liable for malicious prosecution of man arrested for alleged drug sale; officers did not furnish any false evidence to prosecutor or grand jury, and in fact, their truthful information regarding their uncertainty of identification of arrestee was part of the grounds for dismissal of the prosecution Patterson v. JM Armatys, 808 F.Supp. 550 (E.D. Tex. 1992).
Neither officers or municipality could be held liable for malicious prosecution of woman indicted for aiding and abetting her son in selling marijuana; while prosecutors later dropped the charges, there was no evidence supporting malice in initially bringing the charges, and there was probable cause for the arrest and indictment of the plaintiff Carver v. Hartville Police Dept, 594 N.E.2d 92 (Ohio App. 1992).
Deputy was not entitled to absolute immunity for his allegedly false testimony before grand jury or at preliminary hearing if he was a "complaining" witness who instigated the prosecution Anthony v. Baker, 955 F.2d 1395 (10th Cir. 1992).
Dismissal of criminal charges "in the interest of justice" was not a favorable proceeding of the criminal proceeding allowing the arrestees to bring a malicious prosecution action Delaney v. Gerdon, 785 F.Supp. 1128 (E.D.N.Y. 1992).
Jury verdict for officer on malicious prosecution claim overturned because argument to the jury improperly suggested videotaped deposition of witness was to be given less credence than live testimony; appeals court rejects argument plaintiff failed to prove officer instigated the prosecution Langdon v. Wight, 821 S.W.2d 508 (Mo App. 1991).
Finding of probable cause in preliminary hearing of murder case did not, under Connecticut law, bar relitigation of issue of probable cause in subsequent civil rights lawsuit for malicious prosecution Golino v. City of New Haven, 950 F.2d 864 (2nd Cir. 1991).
Judgment against city for $950,000 for false arrest and malicious prosecution reduced on appeal to $475,000; charges dropped before arraignment or indictment cannot serve as the basis for a malicious prosecution claim Stile v. City of New York, 569 N.Y.S.2d 129 (A.D. 1991).
Use of other person's name to identify suspect in criminal records after suspect had been placed in custody and fingerprinted stated claim for malicious prosecution and intentional infliction of emotional distress Sergio v. Doe, 769 F.Supp. 164 (E.D. Pa 1991).
New York court overturns $150,000 malicious prosecution award against city; grand jury indictment of plaintiff created a presumption that probable cause for the prosecution existed, which was not overcome Carthens v. City of New York, 562 N.Y.S.2d 534 (A.D. 1990).
Officer could not be held liable for malicious prosecution when his arrest of the plaintiff was "sensible" and there was no evidence of retaliatory motive Bennett v. Village of Oak Park, 748 F.Supp. 1329 (N.D.Ill. 1990).
Officer liable to store owner for $50,000 for malicious prosecution and false arrest for falsely charging him with possession of stolen property, but $25,000 jury award for abuse of process is reversed Duboue v. City of New Orleans, 909 F.2d 129 (5th Cir. 1990).
Police detective liable for $150,000 in compensatory and $75,000 in punitive damages to suspect babysitter she allegedly had charged with murder in retaliation for suspect's hiring of an attorney during investigation; court holds that such action violated First Amendment rights of association and speech DeLoach v. Bevers, 922 F.2d 618 (10th Cir. 1990).
Officers liable for $75,000 for malicious prosecution of man for murder of police officer; suit alleged that they manufactured perjured testimony for witnesses to give at trial Robinson v. Maruffi, 895 F.2d 649 (10th Cir. 1990).
Dismissal of criminal charges "in the interest of justice" was not a resolution favorable to the defendant; dying patient's son arrested while trying to enter hospital to pray at his mother's bedside could not sue for malicious prosecution Macleay v. Arden Hill Hospital, 563 N.Y.S.2d 333 (A.D. 1990).
Police chief was not liable for malicious prosecution when facts demonstrated that he had probable cause to seek arrest warrant for encouraging a minor to become delinquent Skinner v. Etheridge, 564 So.2d 902 (Ala 1990).
Arrestee acquitted on charges of criminal possession of weapon and menacing could not sue for malicious prosecution when he was convicted of other charges arising out of the same incident Goree v. Gunning, 738 F.Supp. 79 (E.D.N.Y. 1990).
Even if arrest of man for fish and game ordinance violations were carried out as part of personal vendetta, no constitutional rights were violated Gunderson v. Schlueter, 904 F.2d 407 (8th Cir. 1990).
Married couple prosecuted under ordinance (later held unconstitutional). prohibiting running a brothel or enticing others into acts of lewdness had no civil rights claim Richardson v. City of South Euclid, 904 F.2d 1050 (6th Cir. 1990).
Malicious prosecution award of $150,000 against city upheld despite existence of probable cause to arrest Maxwell v. City of New York, 554 N.Y.S.2d 502 (A.D. 1990).
County liable for $300,000 for malicious prosecution of diner patrons involved in fight with off-duty officers; government report was evidence of policy/custom of lax supervision Gentile v. County of Suffolk, 129 F.R.D. 435 (E.D.N.Y. 1990).
Malicious prosecution, standing alone, is insufficient to show civil rights claim, absent deprivation of constitutional right Yaworski v. Pae, 717 F.Supp. 624 (N.D.Ill. 1989).
Plaintiff could sue for malicious prosecution based on acquittal of resisting arrest, despite conviction of lesser, related charge Janetka v. Dabe, 892 F.2d 187 (2d Cir. 1989).
Convicted murderer could not bring civil rights, conspiracy or malicious prosecution lawsuit despite claim of falsified evidence against him Green v. City of NY Medical Examiner's Office, 723 F.Supp. 973 (S.D.N.Y. 1989).
Malice needed for malicious prosecution action could be inferred from lack of probable cause for arrest Frye v. O'Neill, 520 N.E.2d 1233 (Ill App. 1988).
Louisiana Supreme Court reinstates finding of malicious prosecution in case in which detective failed to verify information provided by career criminal Miller v. East Baton Rouge Parish Sher Dept, 511 So.2d 446 (La 1987).
Department of public safety employee who conducted narcotics investigation of fellow employee after request from district attorney not liable for unlawful prosecution Bogle v. Scheer, 512 So.2d 1336 (Ala 1987).
Police investigator who actively continued prosecution of narcotics defendants without evidence that bag seized contained drugs liable for malicious prosecution despite probable cause for arrest Callan v. State, 521 N.Y.S.2d 923 (A.D. 1987).
Lawsuit for malicious prosecution dismissed; judge's mere use of words "not guilty" in order dismissing prosecution was not resolution of charges on merits Carlsen v. Village of Oakwood Hills, 517 N.E.2d 1107 (Ill App. 1987).
Treble damages not applicable to municipalities; admission of polygraph test in malicious prosecution action grounds for reversal Bernier v. Szentmiklosi, 810 F.2d 594 (6th Cir. 1987).
Officer's failure to include exculpatory information in incident report given to prosecutor did not show bad faith; no liability for malicious prosecution King v. Arbic, 406 N.W.2d 852 (Mich App. 1987).
TV show "Crime Stoppers" aided in providing probable cause to prosecute; failure to check alibi not grounds for liability Miller v. East Baton Rouge Parish Sher Dept, 492 So.2d 23 (La App. 1986).
City can criminally prosecute individuals for filing knowingly false complaints against police Gates v. City of Dallas, 729 F.2d 343 (5th Cir. 1984).
Malicious prosecution suits cannot stem from proceedings in small claims court Black v. Hepner, 202 Cal.Rptr. 799 (App. 1984).
Willful conspiracy could result in liability to various city officials Overstreet v. Borough of Yeadon, 475 A.2d 803 (Pa Super 1984). County investigator immune in malicious prosecution suit Barry v. Johnson, 350 N.W.2d 498 (Minn. App. 1984).
Plaintiff's oppressive litigation techniques makes him liable for costs; judicial, prosecutorial and witness immunity doctrines discussed Wickstrom v. Ebert, 585 F.Supp. 924 (E.D. Wis 1984).
Bringing charges against plaintiff for leaving notice on police station door may result in individual liability to police officer Losch v. Borough of Parkesburg, Pa, 736 F.2d 903 (3rd Cir. 1984).
Absolute immunity for prosecuting plaintiff until real perpetrator came forward Johnson v. Town of Colonie, 477 N.Y.S.2d 513 (Albany County 1984).
"Disposition in lieu of trial" program does not provide a basis for subsequent malicious prosecution claim Junod v. Bader, 458 A.2d 251 (Pa App. 1983). and Nappi v. Kappeler, 461 N.Y.S.2d 193 (App. 1983).
No liability for false arrest or malicious prosecution Brown v. City of NY, 459 N.Y.S.2d 589 (App. 1983).
Plaintiff cited for bad driving after colliding with police officer has no conspiracy or malicious prosecution claim Bell v. Brennan, 570 F.Supp. 1116, (E.D. Pa 1983).
Probable cause existed to charge parents with endangering infant's welfare causing him to die Angel v. Kasson, 581 F.Supp. 170 (N.D.NY 1983).

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