Linn v. Montgomery

The Supreme Court affirmed the judgment of the district court granting summary judgment on Plaintiff’s malicious prosecution claim on the ground that Defendants did not instigate Plaintiff’s criminal prosecution.Linda Linn and Mark Shuck (together, Plaintiffs) brought suit against Defendants claiming defamation and malicious prosecution. The district court granted summary judgment and partial summary judgment on the defamation claim based on the running of the statute of limitations and granted summary judgment on the malicious prosecution claim. Shuck appealed. The Supreme Court held (1) due to an answer to a special interrogatory by the jury, the court will not reach the statute of limitations arguments made by Shuck on the defamation claim; and (2) the district court did not err in granting summary judgment on the malicious prosecution claim where Defendants merely furnished information to law enforcement. View "Linn v. Montgomery" on Justia Law