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Tag Archives: Malicious Prosecution

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Tort/Negligence – Malicious Prosecution & Abuse of Process – Labor & Employment – Public Employees – Civil Conspiracy Claim (access required)

Faile v. Lancaster County Where plaintiff alleges that individual defendants, who were employed by the county and by the sheriff’s office, worked together to have him charged with disorderly conduct and harassment for the improper purpose of creating a pretext to fire him, plaintiff has stated a claim of malicious prosecution.

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Civil Rights – Constitutional – Fourth Amendment – Malicious Prosecution – Arrest Warrants — Probable Cause (access required)

Williams v. Sims Although the solicitor’s office dismissed the charges against plaintiff without prejudice and returned the case to the sheriff’s office for further investigation, plaintiff has not shown that the defendant-deputy lacked probable cause to seek arrest warrants for him.

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Civil Rights – Malicious Prosecution – Qualified Immunity – Lack of Probable Cause – Impersonating a Police Officer (access required)

Merchant v. Bauer A Fairfax County police officer could not objectively and reasonably have believed plaintiff was impersonating a police officer in violation of a Virginia statute when plaintiff, a psychologist who served as deputy director of a Maryland county correctional department, had a badge in her pocket, used air quotes to refer to her county-provided “police car,” and told the officer he should show her professional courtesy; the 4th Circuit upholds a denial of qualified immunity to the officer.

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Man claims officer had affair with his wife, then had him arrested (access required)

A Myrtle Beach man’s lawsuit against a Horry County police officer and state trooper is heavy on soap-opera drama and light on legal substance, a U.S. District Court judge in Florence has ruled. The plaintiff claimed that his wife was having an affair with the officer and that the two lovers conspired to have him arrested for drunken driving. His wife had told the officer that her husband was getting drunk at a bar and would eventually be driving home.

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Tort/Negligence – Intentional Infliction of Emotional Distress – ‘Outrageous Behavior’ – Insufficient Showing – Shoplifting Report – Malicious Prosecution – Police Decision (access required)

Richardson v. Rent-A-Center East, Inc. The defendant-store did not engage in outrageous behavior when it told police about a tip from a customer that plaintiff was the shoplifter seen on the store’s surveillance tape. Defendant’s motion for summary judgment is granted.

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Civil Rights – Tort/Negligence – Malicious Prosecution – County Employee (access required)

Culberson v. Nichols Even though defendant Nichols was employed by the defendant-county, and even though plaintiff had been vocal about his problems with Nichols’ job, when Nichols accused plaintiff of stalking her, she was acting as a private citizen. Plaintiff’s federal claim is dismissed. The court declines to exercise supplemental jurisdiction over plaintiff’s state law claims.

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Tort/Negligence – Malicious Prosecution – Fraud – Store Losses (access required)

Allen v. AutoZone, Inc. Where (1) the plaintiff-employee was in charge of a department in a store that racked up considerable losses; (2) the department’s paperwork was missing, and plaintiff had no explanation as to why; and (3) once duplicate paperwork was located, customers denied making the purchases indicated in plaintiff’s department’s paperwork, then defendant had probable cause to believe plaintiff had perpetrated fraud on defendant. Defendant’s motion for summary judgment is granted as to plaintiff’s claims of malicious prosecution and abuse of process.

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