Jason K. Kirchner has sued a Niagara County prosecutor and the former Erie County chief medical examiner, accusing them of malicious prosecution in the death of his baby daughter. Kirchner, 28, a former Niagara Falls resident who now lives in Cattaraugus County, filed suit Thursday in State Supreme Court against Assistant District Attorney Claudette S. Caldwell and Dr. James J. Woytash.
SPRINGFIELD - A former employee of the DeWitt County circuit clerk's office has filed a federal lawsuit alleging malicious prosecution in connection with criminal charges filed against her and later dropped. Susan Stevens, 55, of Clinton is seeking more than $100,000 in damages from DeWitt County, former Circuit Clerk Kathy Weiss, former Assistant State's Attorney Andrew Killian, current State's Attorney Richard Koritz and state police investigator Ryan Buehenrkemper.
After seven days of trial, a woman suing the Sonnenschein law firm and two lawyers for malicious prosecution decided it was time to quit. The jury trial, which was in Judge David Mason's courtroom, began Dec. 6 and ended the morning of Dec. 15 when Monnye Gross said she no longer wanted to pursue the case. The parties provided mutual releases of liability and went their separate ways, said Steven H. Schwartz, who represented one of the defendant lawyers.
A Barry County man who was shot by police after avoiding arrest sued for malicious prosecution and emotional distress, but a jury rejected his claims after a six-day trial. He also sued under federal law, seeking relief under a civil rights act dating to Reconstruction.
A pathologist could not claim an absolute privilege from liability when sued for preparing an allegedly erroneous autopsy report that resulted in the plaintiff's criminal prosecution, the Nebraska Supreme Court has ruled in reversing a dismissal. The plaintiff was a daycare operator who was charged with felony child abuse following the death of an infant in her care. The criminal charge was based on an autopsy report prepared by the defendant, a pathologist who worked for the state crime lab. The defendant's autopsy report indicated that the child had died from blunt force trauma related to child abuse.
After seven days of trial, a woman suing the Sonnenschein law firm and two lawyers for malicious prosecution decided it was time to quit. The jury trial, which was in Judge David Mason's courtroom, began Dec. 6 and ended Wednesday morning when Laurence Mass, lawyer for plaintiff Monnye Gross, informed the judge and the parties his client no longer wanted to pursue the case, said defense lawyer Evan Reid of Lewis, Rice & Fingersh. The case stemmed from earlier litigation over an airplane sale; Gross had invested $125,000 for a 49 percent ownership in an airplane company, which was owned by her client, according to court documents.
Constitutional Torts Malicious Prosecution
Kansas City firm Martin, Leigh, Laws & Fritzlen faces allegations of malicious prosecution after filing a lawsuit on behalf of an airplane parts company against other industry suppliers. The suit, which was eventually dismissed, was a "fishing expedition," said Gregory Leyh, an attorney for one of the defendants, Florida-based Quality Aeroparts Inc.
Claims of malicious prosecution brought under 42 U.S.C. 1983 should be analyzed based on the Fourteenth Amendment's procedural due process clause and according to the Fourth Amendment's standard of 'objective reasonableness,' although substantive due process review under the Fourteenth Amendment does not apply. The U.S. Supreme Court in Albright v. Oliver correctly rejected a substantive due process claim for malicious prosecution, but failed to consider the issue of procedural due process. The Fourth Amendment claim was not raised in this case.
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