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Malicious Prosecution Law
Woods View II, LLC v. Kitsap County

Appellants Woods View II, LLC (WVII) and Darlene Piper appeal
from the superior court' s grant of summary judgment in Kitsap County' s ( the County) favor on
WVII' s claims of negligence, tortious interference, and takings. These claims arise from the
alleged delay of several permits and governmental decisions required•for a project ofWVII. WVII
and Piper argue that ( 1) their cl... More...
   $0 (06-09-2015 - WA)

Douglas Rubins v. The People of the State of Texas

This is an appeal from a dismissal of Douglas Rubins’ civil rights claims against the “People of the State of Texas.” In May of 2012, Rubins had originally sued Texas and various other entities or individuals. Some were dismissed based on a plea to jurisdiction. That issue was appealed, which appeal was subsequently dismissed. Thereafter, Rubins requested the trial court for permission to co... More...   $0 (06-04-2015 - TX)

Gary Greene v. Bank of America

This matter, before us for the second time, concerns plaintiff and appellant Gary Greene’s malicious prosecution action against defendants and respondents Bank of America (Bank) and its employee Jenny Casasola.1 In his action, plaintiff alleged that he went to a branch of the Bank to cash two checks he received from State Farm Insurance in settlement of a claim. When the Bank refused to cash the... More...   $0 (05-28-2015 - CA)

David Mauk v. Pipe Creek Water Well, LLC and Robert Rae Powell

Appellant David Mauk, the general manager for Bandera County River Authority and Groundwater District, was sued for defamation, slander per se, and business disparagement. Mauk moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act. He asserted he was immune from suit because he was a governmental unit employee acting within the scope of his employment and the suit could h... More...   $0 (05-20-2015 - TX)

Portfolio Recovery Associates, LLC v. Maria Guadalupe Mejia Alcantara

Kansas City, MO - Portfolio Recovery Associates, LLC sued Maria Guadalupe Mejia Alcantara on a breach of contract theory claiming that she owed a debt of $1,130.14 on a credit card. Alcantara denied that she owed the debt and counterclaimed on malicious prosecution and violation of the Fair Debt Collection Practices Act.... More...   $82251000 (05-16-2015 - )

Sina Faton v. Bashar Ahmedo

Bashar Ahmedo appeals from an order requiring him to pay attorney fees incurred by Sina Faton to obtain a domestic violence restraining order against him. He asserts the fee award was improper because the fees were not requested in a timely or proper manner and they were unsupported by the evidence. We reject these contentions and affirm.
As we shall... More...
   $0 (05-15-2015 - CA)

Ralph D. Armstrong v. Karen D. Daily

Plaintiff Ralph Armstrong was imprisoned for 29 years for the rape and murder of Charise Kamps—a crime that he maintains he did not commit. His conviction was set aside in 2005, and in 2009 a Wisconsin state judge dismissed the charges entirely because the prose-cution had destroyed key exculpatory evidence, rendering a fair trial impossible. Armstrong then brought this civil suit
2 Nos. 13-... More...
   $0 (05-15-2015 - WI)

Kurtiss Teegarden v. State of Orgeon

Plaintiff, who is a former employee of the State of
Oregon—specifically, Oregon Youth Authority—filed a complaint
seeking damages from the state and Sid Thompson,
the superintendent of MacLaren Youth Correctional Facility
where plaintiff had worked (collectively, OYA).1 After OYA
moved for judgment on the pleadings pursuant to ORCP 21 B,
the trial court concluded that p... More...
   $0 (04-15-2015 - OR)

F. Wood Boyce v. T.D. Service Company

"There are no free houses." These are the words of the bankruptcy judge who allowed the instant home foreclosure to go forward. It rejected appellant's theory of "wrongful foreclosure." Thereafter, the same theory was rejected in an unlawful detainer proceeding. Undeterred, appellant F. Wood Boyce sued his lender for "wrongful foreclosure" because the $1.155 million deed of trust was placed in a m... More...   $0 (03-23-2015 - CA)

In Re: Rosa Maria Trujillo

In this petition for writ of mandamus, Rosa Maria Trujillo contends that the trial court clearly abused its discretion in denying her discovery requests for various medical and counseling records concerning defendant Jorge Llamas-Soforo. Finding the petitioner has failed to provide us with a sufficient record from which to determine abuse of discretion, we deny the writ.
Rosa Maria T... More...
   $0 (02-25-2015 - TX)

Deborah Barkley v. McKeever Enterprises Inc. d/b/a Price Chopper

Deborah Barkley (“Barkley”) sued McKeever Enterprises, Inc. (“Price Chopper”), alleging various torts arising out of her 46-minute detention at Price Chopper for suspected shoplifting. At the close of the evidence, Barkley elected to submit only her claims for false imprisonment and battery to the jury. The jury found for Price Chopper on both claims. Barkley appeals, and the judgment is a... More...   $0 (02-24-2015 - MO)

Abby Tiscareno v. Lori Frasier

In November 2003, a child (N.M.) experienced a severe brain injury
that left him permanently disabled. Ms. Abby Tiscareno, N.M.’s daycare
provider at the time, was blamed for this injury and prosecuted for child
abuse. But after two trials, Ms. Tiscareno was acquitted.
Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have
invoked 42 U.S.C. § 1983 against two of the def... More...
   $0 (02-23-2015 - UT)

Brian Hunt and Kimberly Hunt v. David Massi and James Porter and Town of Falmouth

This civil rights case arises out of
the refusal of officers serving an arrest warrant to accede to the
request of an arrestee, Brian Hunt, that he be handcuffed with his
hands in front of him, and the ensuing events.
Hunt and his wife brought this case, asserting violations
of his federal constitutional rights under 42 U.S.C. § 1983, as
well as pendent state law claims. T... More...
   $0 (12-10-2014 - MA)

David Ayers v. City of Cleveland

David Ayers spent 12 years in prison based on a state-court murder conviction that was later overturned. He was freed in 2011 after this court

No. 13-3413 Ayers v. City of Cleveland, et al. Page 2
granted his petition for a writ of habeas corpus, finding that the detectives leading the murder investigation—Michael Cipo and Denise Kovach—had violated Ayers’s Sixth Amendment right... More...
   $0 (12-02-2014 - OH)

James Lermon v. Minyard Food Stores, Inc. and Rodney Lee

James Lermon sued Minyard Food Stores and Rodney Lee (collectively Minyard) for malicious prosecution, negligence, and gross negligence. A jury found in Lermon’s favor on all claims and awarded Lermon $830,000 in actual damages and $115,000 in punitive damages on his malicious prosecution claim and $175,000 in actual damages and $1 million in punitive damages on his negligence and gross negligen... More...   $0 (11-19-2014 - TX)

S.L. V. Pierce Township Board of Trustees

S.L., a minor, by and through his guardian
K.L., and K.L. individually (“Appellants”), appeal the district court’s summary judgment orders
for Defendants-Appellees Edward (“Shawn”) Bartley and Thomas DelGrande. We AFFIRM.
On December 4, 2006, Pierce Township Police Officer David Homer responded to a call
made by S.L.’s mother. Homer “smelled smoke” upon enter... More...
   $0 (11-17-2014 - OH)

Domingo Gomez v. Benjamin Martin

Domingo Gomez appeals the district court’s grant of summary judgment in favor
of Benjamin Martin based on qualified immunity and its denial of Mr. Gomez’s Rule
56(d) request to depose Martin. Exercising jurisdiction under 28 U.S.C. § 1291, we
On September 26, 2008, Mr. Gomez’s then-wife, Myrna Gomez, and her mother,
Bellia Armendariz, contacted the Doña An... More...
   $0 (11-17-2014 - NM)

Schwarz Oil Co. v. Happy Times Car Wash, LLC

COMES NOW the Plaintiff Schwarz Oil Company and for its cause of action against the Defendant Happy Times Car Wash LLC., Danny Daniels individually, and Delmar Daniels individually (“Defendants”), alleges and states that:
1. Schwarz Oil Company is an Oklahoma entity conducting business in Canadian County, State of Oklahoma.
2. Defendant Happy Times Car Wash LLC. is an entity organized ... More...
   $0 (10-28-2014 - OK)

Lunada Biomedical v. Laura Nunez

Attorneys for a consumer served on a company a notice required for damages under the Consumer Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), setting forth alleged violations of the CLRA and demanding action. The company then brought a declaratory relief action against the consumer and her attorneys seeking a declaration that it had not violated the CLRA. The consumer and the attorneys... More...   $0 (10-09-2014 - CA)

James Owens v. Baltimore City State's Attorneys Office

James Owens brought this action under 42 U.S.C. § 1983 against the Baltimore City State’s Attorney’s Office, an assistant State’s Attorney, the Baltimore City Police Department, and several Baltimore City police officers. In his complaint, Owens alleges that the defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for the rape... More...   $0 (09-24-2014 - MD)

Jon Davler, Inc. v. Arch Insurance Company

A group of employees brought an action against their employer, Jon Davler, Inc., for various employment claims, including sexual harassment, invasion of privacy, and false imprisonment. Jon Davler tendered the action to its insurer, Arch Insurance Company, which denied coverage based on an employment-related practices exclusion. After Jon Davler filed this insurance coverage action against Arch, t... More...   $0 (09-15-2014 - CA)

Alberto Daniel Saucedo Suarez v. City of Corona

Alberto Daniel Saucedo Suarez and his attorneys, Allan F. Davis and the law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. (together, the Attorneys and with Suarez, Appellants), appeal from the trial court's award of attorney fees and costs to the City of Corona (the City) under Code of Civil Procedure section 1038 (section 1038). (Undesignated statutory references are to this code.) Appe... More...   $0 (08-29-2014 - CA)

William Parrish v. Latham & Watkins

In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corporation (collectively, FLIR) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (collectively, Former Employees) for, among other things, misappropriation of trade secrets (the underlying action). Former Employees were successful in defeating the underlying action. Moreover, they obtained a ruling... More...   $0 (08-27-2014 - CA)

Michael Seiser v. City of Chicago and Debra Kirby

Chicago police officer Michael Seiser
was arrested and subjected to a breathalyzer examination after
several witnesses reported seeing him drinking from an
alcoholic beverage container while driving his personal vehicle.
After the breathalyzer detected no alcohol in his bloodstream,
he was cited for driving a motor vehicle with an open container
of alcohol in the passenger ... More...
   $0 (08-12-2014 - IL)

Nancy F. Lee v. William B. Hanley

Plaintiff and appellant Nancy F. Lee hired Attorney William B. Hanley to represent her in certain civil litigation. After the litigation settled, Lee sought a refund of unearned attorney fees and unused expert witness fees she had advanced to Attorney Hanley. Not having received a refund, Lee hired Attorney Walter J. Wilson and terminated the services of Attorney Hanley. Attorney Hanley thereafter... More...   $0 (08-08-2014 - CA)

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