Donald Williams v. Lester Collins

Malicious prosecution - On November 27, 1995, Collins, the director of pupil personnel
for the Pike County School District, received a report by fax
from Charles Francis, the principal at Lookout
Elementary School, that Williams's daughter was being held out of
school by her parents who were refusing to allow her to be placed
in Lookout's in-school suspension room. At that time, the child
had missed ten and one-half consecutive school days in November
with unexcused absences. Collins acted on the report by going to
the Pike County Attorney's office on the same day and signing a
criminal complaint against Williams which alleged in pertinent
part that Williams "UNLAWFULLY AND INTENTIONALLY FAILS TO SEND
MINOR CHILD TO SCHOOL." Francis did not accompany Collins to the
county attorney's office and did not sign the criminal complaint
against Williams.

Pursuant to Collins's complaint, the county attorney's office
prepared a summons charging Williams with "UNLAWFUL TRANSACTION
WITH A MINOR KRS 530.064 . . . PARENT OR CUSTTO [sic] SEND CHILT
[sic] TO SCHOOL KRS 159.010. . . ." In other words, the summons
prepared by the county attorney's office and signed by the
district judge charged Williams with first-degree unlawful
transaction with a minor in violation of Kentucky Revised Statute
(KRS) 530.064 and failing to send a child to school in violation
of KRS 159.010.

KRS 159.010(1) provides in pertinent part that "each
parent, . . . having in custody or charge any child who has
entered the primary school program or any child between the ages
of six (6) and sixteen (16) shall send the child to a regular
public day school. . . ." A first offense violation of the
statute carries a $100 fine. KRS 159.990(1). KRS 530.064(1)
provides that "[a] person is guilty of unlawful transaction with
a minor in the first degree when he knowingly induces, assists,
or causes a minor to engage in illegal sexual activity except
those offenses involving minors in KRS Chapter 531 and KRS
529.030." That statute makes no mention of truancy and relates
only to illegal sexual activity. However, KRS 530.070(1) (c)
states that "[a] person is guilty of unlawful transaction with a
minor in the third degree when:. . . . (c) He knowingly induces,
assists or causes a minor to become a habitual truant [.]"

When Williams was served with a copy of the complaint and
summons by a deputy sheriff, the deputy sheriff advised him that
he was charged with causing his daughter to engage in illegal
sexual activity. Collins testified that the deputy sheriff also
advised him of the erroneous charge and that he (Collins) went to
the county attorney's office where he was advised that the error
would be corrected. By a letter dated November 30, 1995,
Williams's attorney advised Collins that there were no grounds
for the first-degree unlawful transaction with a minor charge and
requested Collins "to dismiss the charge immediately." That
charge against Williams was not dismissed until his initial court
appearance on December 13, 1995, pursuant to the summons.
Williams testified that the charges caused him public shame and
humiliation and emotional distress. He subsequently entered a
pretrial diversion agreement with the Commonwealth wherein
prosecution of the violation of KRS 159.010 would be diverted for
a six-month period on the condition that his daughter attend
school. Upon completion of the diversion period, that charge was
also dismissed.

The jury
returned a verdict in favor of Williams and against Collins in
the amount of $40,000; however, it was unable to reach a verdict
regarding Williams's claim against Francis.

Unknown

Unknown

Reversed by the Court of Appeals of Kentucky on August 13, 1999.