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Malicious Prosecution Law
 
Kimberly Sykes v. Derrick Anderson

In 2004, the Michigan Court of Appeals overturned Kimberly Sykes’s and Tevya Urquhart’s convictions for the state crimes of “Larceny by Conversion” and “False Report of a Felony” on the grounds that their convictions were based on mere “speculation” and “layers of impermissible inferences.” After their release from prison, Sykes and Urquhart (“the Plaintiffs”) brought 42 U.... More...   $0 (11-09-2010 - MI)

George Antounian v. Louis Vuitton Malletier

In 2006, manufacturers of luxury goods Louis Vuitton Malletier (Louis Vuitton), Christian Dior Couture, S.A. (Dior) (collectively, Louis Vuitton/Dior), and Burberry Limited (Burberry), sued George and Marijeanne Antounian (the Antounians), among others, in federal court, asserting claims for trademark infringement and counterfeiting alleged to have occurred at the Antounians‘ store in Santee All... More...   $0 (10-21-2010 - CA)

Anthony W. Smith v. Robert Almada

Plaintiffs Anthony Smith and his wife Theresa Smith appeal the district court’s grant of summary judgment to Defendant Santa Monica Police Sergeant Robert Almada on Smith’s claims for false arrest, malicious prosecution, and suppression of exculpatory evidence and on Theresa Smith’s substantive due process claim for deprivation of familial relations.

In support of his action against A... More...
   $0 (10-19-2010 - CA)

Marty Lynn Ponder v. J. Brotton Corporation d/b/a Caravan Ballroom a/k/a Caravan Cattle Company

Marty Lynn Ponder sued J. Brotton Corporation d/b/a Caravan Ballroom a/k/a Caravan Cattle Company on civil assault and battery and malicious prosecution theories arising out of a disagreement between Plaintiff and a bouncer at Defendant country music dance hall in Tulsa.... More...   $50001 (10-19-2010 - OK)

Richard Joseph Jacobson v. Dan Mott

Richard Jacobson was arrested and detained by Deputy Sheriff Dan Mott for obstructing legal process with force, in violation of Minnesota Statute section 609.50. Jacobson sued Mott under 42 U.S.C. § 1983, claiming that Mott violated his rights under the First, Fourth, and Fourteenth Amendments by arresting and detaining him without probable cause, and by fabricating charges against him so that he... More...   $0 (10-18-2010 - MN)

Alexander McGregor Hunting v. BASF Corporation

Plaintiff-Appellant Alexander M. Hunting (“Hunting”) appeals the district court’s order dismissing his case against Defendant-Appellee BASF Corporation (“BASF”). Because we find no abuse of discretion, we AFFIRM.

I. BACKGROUND

On or about October 17, 2006, Hunting impermissibly walked onto BASF’s property in order to inquire about securing employment with BASF. Huntin... More...
   $0 (10-14-2010 - TX)

Dafna Uzyel v. Neil Kadisha

Neil Kadisha served as the trustee of two trusts. The beneficiaries, Dafna Uzyel and her children Izzet and Joelle Uzyel (collectively the Uzyels), filed petitions for breach of trust against Kadisha and terminated the trusts. After a nonjury trial, the trial court awarded the Uzyels over $59 million in compensatory damages and disgorgement of profits, plus $5 million in punitive damages and over ... More...   $0 (09-22-2010 - CA)

Patrick James Grider v. City of Auburn, Alabama

Plaintiffs own a bar/restaurant in Auburn, Alabama and sued the City of Auburn (the “City”) and City employees under state tort law and 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments. Plaintiffs primarily claim the City and its agents filed false bribery charges and selectively enforced regulatory laws in order to harm the Plaintiffs’ business. Defendants moved for ... More...   $0 (09-11-2010 - Al)

Joseph M. Adrian v. Town of Yorktown

Plaintiffs-appellants Joseph and Elaine Adrian and Adrian Family Partners I, L.P. sued
5 the Town of Yorktown (the “Town”) pursuant to 42 U.S.C. § 1983 and New York State law,
6 alleging that the Town, through its Town Supervisor, Linda Cooper, and other policy-making
7 officials, maintained an official policy under which the plaintiffs were denied the right to develop
8 their... More...
   $0 (09-08-2010 - NY)

Matthew Snatchko v. Westfield, L.L.C.

In this case we conclude the rules of a large regional shopping mall that prohibit peaceful, consensual, spontaneous conversations between strangers in common areas of the mall about topics that are not related to the activities of the mall, its tenants or the noncommercial sponsored activities of the mall or its tenants are content-based rules that do not withstand a strict scrutiny analysis. The... More...   $0 (08-11-2010 - CA)

Keith Clayton Brooks, Jr. v. Steve Gaenzle

Appellant Keith Clayton Brooks, Jr., appeals the district court’s grant of summary judgment in favor of Appellees Steve Gaenzle and Paul Smith – deputies with the El Paso County, Colorado Sheriff’s Department – in his civil rights actions against them pursuant to 42 U.S.C. § 1983 and his state tort action pursuant to Colorado Revised Statute § 13-80-119.1 The crux of Mr. Brooks’s appea... More...   $0 (08-10-2010 - CO)

Sara R. Reedy v. Frank S. Evanson

While working as a cashier at a convenience store, nineteen-year-old Sara R. Reedy was sexually assaulted and robbed at gunpoint by a serial sex offender. She reported the crime to the police within minutes, subjected herself to a rape kit examination, and gave detailed and consistent statements to law enforcement officers and hospital staff. However, Detective Frank Evanson of the Cranberry Towns... More...   $0 (08-05-2010 - PA)

Christopher Parish v. City of Elkhart

In this case, we are confronted with the question of when claims of police misconduct resulting in false arrest, false imprisonment, and intentional infliction of emotional distress (“IIED”), accrue for the purpose of the general two-year statute of limitation in Indiana. After serving eight years of a thirtyyear prison sentence for attempted murder, plaintiffappellant, Christopher Parish, was... More...   $0 (07-30-2010 - IN)

Jovan Mosley v. The City of Chicago

This is an appeal from a grant of summary judgment in favor of the defendants in a § 1983 action that arose from the arrest and prosecution of plaintiff-appellant Jovan Mosley. Mosley was at the scene when a group of individuals beat Howard Thomas to death in 1999. Mosley arrived at the scene with the group that attacked Thomas and left the scene with the same group. Mosley and three other indivi... More...   $0 (07-29-2010 - IL)

Darrinton Dante Daniels v. Dennis Kelley and William Sutton

Appellant Darrinton Dante Daniels appeals the trial court’s order granting summary judgment in favor of appellees Officer William Sutton and Officer Dennis Kelley. On appeal, Daniels contends the trial court erred in granting summary judgment in favor of Sutton and Kelley on his claims for malicious prosecution, intentional infliction of emotional distress, and negligence. We reverse the trial... More...   $0 (07-28-2010 - TX)

Christina Conn v. Western Placer Unified School District

The Reporting by School Employees of Improper Governmental Activities Act (Act), a whistle-blower act, (Ed. Code, §§ 44110- 44114),1 in section 44113, makes school officials liable in damages for interfering with the right of a school teacher to disclose evidence of improper governmental activities to an administrator or school board.

Plaintiff, Christina Conn, a second year probationar... More...
   $0 (07-20-2010 - CA)

Alex Ramsey v. Yavapai Family Advocacy Center

¶1 Alex Ramsey (Ramsey) appeals the trial court’s grant of summary judgment in favor of LaRayne Ness (Ness), Judy Denton and Yavapai Community Hospital Association (collectively, Denton), Brenda Sheets (Sheets), and Yavapai Family Advocacy Center (YFAC) (collectively, Defendants).1 For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 Ramsey and his ex-wife, A... More...
   $0 (07-13-2010 - AZ)

Brian J. Kennedy v. Town of Billerica

We affirm in part and reverse in part in this contentious civil rights case brought by a family of plaintiffs, the Kennedys, against the Town of Billerica, Massachusetts, and numerous individual police officers. Before us are cross-appeals from jury verdicts and court rulings in the two trials in this bifurcated case.

Specifically, we hold that error in instructing the jury in the... More...
   $0 (07-13-2010 - MA)

Eugene McCumons v. J. Marougi

In this appeal, a police officer challenges the district court’s summary-judgment order denying his request for qualified immunity from a false-arrest action filed under § 1983. We affirm.

I.

On August 10, 2007, Officer Marougi went to Hawthorne Park, located in Pontiac, Michigan, to work undercover in response to “numerous and recurring complaints” about “open sexual activi... More...
   $0 (07-12-2010 - MI)

Randy E. Roberts v. City of Phoenix

¶1 The City of Phoenix (“City”) appeals the trial court’s order striking its answer and the resulting default judgment entered against the City as a sanction for discovery violations. The City also challenges the amounts awarded for damages and attorneys’ fees. Randy E. Roberts cross-appeals from the judgment, asserting the court erred in failing to award the full amounts of the damages a... More...   $0 (07-01-2010 - AZ)

Monique J. Harrington v. City of Nashua, et al.

This appeal involves the timing and elements of causes of action brought under 42 U.S.C. § 1983 for alleged Fourth Amendment violations in the nature of false imprisonment and malicious prosecution. In the course of addressing those matters, however, we must iron out a wrinkle concerning the scope and effect of a judicial admission. Ruling at the summary judgment stage, the district court found f... More...   $0 (07-01-2010 - NH)

Vermont Mutual Insurance Company v. Parsons Hill Partnership, Willard Group, Poulin Group and Fortin

Plaintiff insurance carrier, Vermont Mutual Insurance Company, sought a declaration in Washington Superior Court that landlord’s liability insurance policies do not cover tenants’ claims for breach of an implied warranty of habitability. The trial court granted insurance carrier’s motion for summary judgment on the issue. Defendants Parsons Hill Partnership,[1] Willard Group,[2] Poulin Gr... More...   $0 (06-04-2010 - )

Lucky United Properties Investment, Inc., et al. v. Albert Lee

Albert Lee (Lee) appeals from an order that granted respondents‘ motion to compel Lee to acknowledge the satisfaction of a prior order for attorney fees and costs (Code Civ. Proc., § 724.050) and denied in part Lee‘s motion for other attorney fees and costs incurred in the proceeding.1 The appeal reflects the complexities that can arise when a party who prevailed on an anti-SLAPP motion to st... More...   $0 (05-28-2010 - CA)

Jack Wade Fletcher v. Jerome Burkhalter

Jack Wade Fletcher (Plaintiff Fletcher) sued McIntosh County Deputy Sheriff Jerome Burkhalter1 under 42 U.S.C. § 1983. He alleged that Deputy Burkhalter had violated his rights under the Fourth Amendment (as applied to the states under the Fourteenth Amendment, see Mapp v. Ohio, 367 U.S. 643, 655 (1961)), by signing a probable-cause affidavit that led to his improper arrest for engaging in a frau... More...   $0 (05-24-2010 - OK)

Stephen Harris v. Bradley Memorial Hospital and Health Center, Inc.

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

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