Thursday, September 15, 2011

Sixth Circuit -- Maria Arnold v. James Wilder

Possible lack of probable cause to arrest where mother argues with policeman over rowdy kids.  (Mother subsequently allegedly tackled, placed in choke-hold, handcuffed, put in patrol car and pepper-sprayed.)

Arresting officer can be liable for malicious prosecution.

Introduction of covenant not to sue generated during criminal process was proper, as it went to malicious prosecution - not in for the usual reasons settlement offers are in for.

Remittur was appropriate, but too large.

Maria Arnold v. James Wilder
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.