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Malicious Prosecution Law
 
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)

Allstate Insurance Company v. Ron Dooley

Allstate Insurance Company (Allstate) and Wayne Watson, an Allstate attorney, seek review of an order denying their motion for partial summary judgment. Allstate and Watson argue that an action in tort for spoliation of evidence may only be maintained where evidence is permanently lost or destroyed, not when evidence is only concealed from the complaining party. We hold that the tort of fraudulent... More...   $0 (11-12-2010 - AK)

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)

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