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Malicious Prosecution Law
 
Robert J. Henrichs v. Chugach Alaska Corporation

A former director, accused of misconduct while serving as chair of a corporate board, appeals a jury verdict finding him liable for breach of fiduciary duty.

He also appeals a superior court order banning him from serving on the corporation’s board of directors for five years. The director argues the superior court erred by:

(1) refusing to instruct the jury on what he refers to as... More...
   $0 (04-22-2011 - AK)

Kimberly Sykes Tevya v. Derrick Anderson

Plaintiffs Kimberly Sykes and Tevya Grace Urquhart were wrongly convicted of larceny by conversion and false report of a felony. After the Michigan Court of Appeals overturned their convictions, the plaintiffs sued Derrick Anderson and Carol Nichols for false imprisonment, malicious prosecution, and denial of due process. The jury found the defendants liable, a finding that we affirmed on appeal. ... More...   $0 (04-12-2011 - MI)

Cheryl Rose Kuslick v. James Roszczewski

The plaintiff in this case, Cheryl Rose Kuslick, claims that the defendant, Michigan State Police Trooper James Roszczewski, fabricated a claim in a sworn affidavit that she frustrated the execution of a search warrant in order to obtain a warrant for her arrest on the charge of obstruction. Roszczewski maintains that he is immune from suit under the doctrine of qualified immunity, though he was d... More...   $0 (04-11-2011 - MI)

Northern Security Insurance Company v. Michael Connors

The petitioner, Northern Security Insurance Company (Northern Security), appeals an order of the Superior Court (McHugh, J.), denying its motion for summary judgment and granting the cross-motion for summary judgment of respondent Michael Connors. The trial court ruled that Northern Security has a duty to defend respondent Connors in a civil lawsuit pending in Rockingham County Superior Court, Rei... More...   $0 (03-31-2011 - NH)

Parker Jensen v. Kari Cunningham

¶1 This appeal is the latest stage in a protracted dispute between the State of Utah and Barbara and Daren Jensen regarding the proper medical care of the Jensens’ son, Parker. In it, we must balance the right of parents to direct the medical care of their child with the State’s interest in protecting the health and safety of children within its borders.

¶2 A doctor who was treating P... More...
   $0 (03-29-2011 - UT)

Kenneth Howard v. Wayne County Sheriff's Office

Plaintiff Kenneth Howard appeals from the order of the district court granting summary judgment to the defendants in this civil rights action charging them with arresting Howard without probable cause and using excessive force in making the arrest. Howard filed his original complaint pro se in state court, raising various state tort and constitutional claims against Wayne County, the Wayne County ... More...   $0 (03-29-2011 - MI)

Sam McConville, Sr. v. Ben Currin

Jurors rendered a verdict Thursday against a Lynchburg police officer accused of spinning out his patrol car, showering a local business owner with rocks after the man asked him to leave his parking lot, then arresting the man when he complained.

Lynchburg Bus Co. owner Sam McConville Sr. filed the suit against Officer Ben Currin and former officer Scott Bradner alleging false arrest and ... More...
   $80000 (03-25-2011 - VA)

Kenneth O. Kennedy v. City of Villa Hills, Kentucky

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building.

Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of ... More...
   $0 (03-24-2011 - KY)

Kenneth O. Kennedy v. City of Villa Hills, Kentucky

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building. Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of the zon... More...   $0 (03-24-2011 - KY)

Sassan Vafi v. Heather McCloskey

This matter presents an issue which it seems no reported decision has addressed: Which statute of limitations applies to an action for malicious prosecution against an attorney? We conclude that the limitations period applicable to actions against attorneys under section 340.6 of the Code of Civil Procedure applies rather than the general statute of limitations applicable to actions for malicious ... More...   $0 (03-22-2011 - 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 Almada, ... More...   $0 (03-21-2011 - CA)

Seth Kilburn v. Village of Saranac Lake

Seth and Kori Kilburn appeal from the judgment entered
17 on March 31, 2010 by the United States District Court for
18 the Northern District of New York (Kahn, J.), which granted
19 appellees’ motion for summary judgment on appellants’ false
20 arrest, false imprisonment, and malicious prosecution claims
21 brought under New York law and as analogous claims under 42
22 ... More...
   $0 (03-11-2011 - NY)

Timothy McCollough v. Johnson, Rodenburg & Lauinger, L.L.C.

Debt collection law firm Johnson, Rodenburg & Lauinger (“JRL” or “the law firm”) appeals from the entry of summary judgment against it under the federal Fair Debt Collection Practices Act (“FDCPA”), and from a subsequent jury verdict awarding damages under the FDCPA, the Montana Unfair Trade Practices and Consumer Protection Act (“MCPA”), and state torts of malicious prosecution an... More...   $0 (03-04-2011 - MT)

Donald Brandt v. Jonathan E. Ozmint

Donald Brandt instituted a legal malpractice suit against Elizabeth Gooding and her law firm, Gooding & Gooding PA, (collectively "Gooding") in South Carolina state court after Gooding represented Brandt in the closing of a real estate transaction. During the course of that proceeding, the state court summarily found Brandt guilty of criminal contempt and sentenced him to six months’ imprisonmen... More...   $0 (02-18-2011 - SC)

David Fabbrini v. City of Dunsmuir

Plaintiff-Appellant David Fabbrini was sued by the City of Dunsmuir, California (“the City”), for his failure to sufficiently collateralize a municipal loan. The City’s lawsuit included a request for declaratory relief regarding Fabbrini’s obligations, as well as a fraud claim. Subsequently the City voluntarily dismissed that lawsuit. Fabbrini then filed a federal court action against the ... More...   $0 (02-11-2011 - CA)

Jason Elgin v. City of Portland, Oregon and Kevin Tully

Jason Elgin sued the City of Portland, Oregon and Kevin Tully on battery, false arrest and malicious prosecution theories claiming that Officer Tully zapped him with a stun gun inside a Denny's restaurant with out cause.

Plaintiff and a friend fell asleep in the restaurant while studying for college exams. The restaurant manager called police to wake them up.

Criminal charges ag... More...
   $30500 (02-04-2011 - OR)

Deputy Corey Alexander and Sergeant Jimmie Cook v. April Walker

April Walker sued Harris County Sheriff’s Department Deputy Corey Alexander and Sergeant Jimmie Cook for assault, conspiracy, slander, false arrest, false imprisonment, and malicious prosecution. Several weeks later, Walker sued Harris County in federal court for the same claims that she asserted against the officers, based on vicarious liability, and for violation of sections 1983 and 1988. S... More...   $0 (01-13-2011 - TY)

Nona Ray v. City of Chicago and Chicago Police Officer

In October 2008, Malinowski, a police officer, stopped Nona Ray for operating a motor vehicle at night without headlights. During this stop, Malinowski and his partner discovered a package containing controlled substances within Ray’s car. The officers arrested Ray and took her to a nearby police station, where she was detained for several hours before being charged with possession of a controll... More...   $0 (01-05-2011 - IL)

Selena Brooks v. Daniel Sweeney

The plaintiff, Selena Brooks, commenced this action against the defendants, Daniel Sweeney, an environmental sanitarian for the health district of the towns of Bloomfield and West Hartford (health district),

1 Stephen Huleatt, Sweeney’s supervisor and director of the health district, and the towns of Bloomfield and West Hartford, after she was arrested, pursuant to General Statutes § 19a... More...
   $0 (12-14-2010 - CT)

Mellisa Stampf v. Long Island Railroad

Mellisa Stampf sued Angela Trigg on a malicious prosecution theory claiming that Trigg's claim that Stampf groped her was a lie. She claimed that she tapped Trigg on the shoulder as a greeting. She also claimed that her 30 day suspension from work was more severe because she is a woman, a lesbian and Asian.

The defenses asserted by the defendants are not available.... More...
   $0 (12-11-2010 - )

Austin Brice v. Stephen Hanna and The Other Place, LLC

Appellant Austin Brice appeals from the trial court's orders granting summary judgment in favor of appellees Stephen Hanna and The Other Place, LLC ("TOP") in Brice's suit for false imprisonment and malicious prosecution in connection with his arrest for public intoxication. We reverse the orders granting summary judgment and remand for further proceedings.


BACKGROUND

On the... More...
   $0 (12-10-2010 - TX)

David Johns Bryson v. City of Oklahoma City and Joyce Gilchrist

In 1983, Plaintiff David Bryson was convicted of a rape and kidnapping he did not commit. At his trial, a forensic chemist employed by the Oklahoma City Police Department, Joyce Gilchrist, testified the hair and semen found at the scene of the crime were consistent with samples taken from Plaintiff. Plaintiff was incarcerated for seventeen years before his conviction was vacated based on exculpato... More...   $0 (12-06-2010 - OK)

Yvette Lujano v. County of Santa Barbara

Yvette Lujano, through her guardian ad litem, Maria del Carmen Lujano, appeals an order granting summary judgment to the County of Santa Barbara (County) and two Santa Barbara County Sheriff's Department deputies on her complaint for false arrest and use of excessive force. We affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On June 2, 2006, respondents Bryan Munana and Mark Ward, a... More...
   $0 (12-03-2010 - CA)

Kathie Costanich v. Department of Social and Health Services of the State of Washington

Washington state revoked Kathie Costanich’s foster care license and instituted guardianship termination proceedings against her following an investigation by a Department of Social and Health Services (“DSHS”) social worker, Sandy Duron, which purportedly revealed “emotional abuse” of the children in Costanich’s care. Finding fundamental inaccuracies in the investigation, an administra... More...   $0 (12-03-2010 - WA)

Jason Foster v. Orchard Development Company, L.L.C.

This appeal arises from the denial of a permanent injunction to stop the building of townhouses as well as a grant of summary judgment in favor of the appellees, Orchard Development Company, LLC (hereinafter referred to as “Orchard”) and Peteler, LLC (hereinafter referred to as “Peteler”), and against the appellant Jason Foster, regarding the applicability and meaning of certain restricti... More...   $0 (11-23-2010 - WV)

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