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Malicious Prosecution Suit Reinstated

By Shari Allison

Miller v. Spiers, 2009 WL 2219256 (7/27/09) (unpub'd) - In a § 1983 case, the 10th holds the allegations were sufficient so far to support a malicious prosecution claim. The plaintiff can proceed on such a claim on a charge-by-charge basis, even though he pleaded guilty to attempted evidence tampering charges in the relevant indictment. The record did not yet indicate whether the murder and kidnaping charges were dismissed because of the plaintiff's attempted tampering, in which case the claim may be precluded. The record also did not provide a definitive answer whether there was probable cause for the dismissed charges. The statute of limitations did not prevent continuation of the lawsuit because the dismissal of the charges ---"the favorable termination"---occurred within 3 years of the suit's filing...continue to full post

Full post as published by Tenth Circuit Blog on August 04, 2009 (boomark / email).