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Malicious Prosecution Law
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.


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.


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.


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)

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