Friday, February 17, 2012

Court reviews a malicious prosecution case that arose out of a dispute between neighbors

JAMES COLEMAN v. LAUDERDALE COUNTY, TENNESSEE, ET AL. STEVE SANDERS, SHERIFF OF LAUDERDALE COUNTY; AND HARRY R. HOPKINS, JR., DEPUTY SHERIFF OF LAUDERDALE COUNTY (Tenn. Ct. App. February 15, 2012)

This is a malicious prosecution case arising out of a dispute between neighbors. A dispute arose when the plaintiff neighbor hired a tree service to trim the branches of a tree near the border between the two neighbors' properties. After a confrontation, the police were called. After they arrived, the police cited both neighbors on charges of disorderly conduct. After the charges against the plaintiff neighbor were dismissed, he filed this malicious prosecution action against the defendant county and two of the police officers involved. The trial court granted summary judgment in favor of the defendants. The plaintiff neighbor now appeals. We affirm.

Opinion available at:
http://www.tba2.org/tba_files/TCA/2012/colemanj_021512.pdf