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
Thursday, September 15, 2011
Sixth Circuit -- Maria Arnold v. James Wilder
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Author's SSRN page here.