These damages punish behavior that is unacceptable in civilized society. Carter alleged that when he took one step onto his porch to keep Faile from entering his home Faile began punching Carter in the face. Russell Shane Carter told deputies that a man trespassing on his property by the name of Michael Faile had “blindsided” him with a right hook punch before he hit Faile with a baseball bat. The police had arrested him in the early hours of Xmas morning, thinking erroneously that he was the driver of a car that had been speeding. In this case, Carter did have criminal charges hanging over his head for seven (7) months, and courts have recognized the societal and personal strain criminal charges put on the accused. Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. This can occur in situations where, for example, a non-government actor filed for a protective order or without a sufficient basis in fact or law, or filed a complaint for an improper purpose, such as to harass or cause unnecessary delay or cost increase in litigation. On appeal, the jury's awards of $175,000 and $75,000 in punitive damages against the officers were reduced to $100,000 and $50,000 (id. It eliminates a person’s duty to retreat before using deadly force in self-defense if they are defending against a trespasser to their home, workplace or motor vehicle. Loaded on June 15, 2009. LITTLE ROCK — The Arkansas Court of Appeals on Wednesday partially upheld a Crittenden County jury’s multimillion-dollar awards to two former Family Dollar employees who accused the company of malicious prosecution. By Wakefield, Vivian. The safety of our clients and employees is of the utmost importance and, therefore, in-person meetings are not available at this time except for emergencies or absolutely essential legal services. Newspaper article The Florida Times Union. The Plaintiff claimed he was falsely arrested on child molestation charges and the prosecution was continued by the defendants in reckless disregard for his civil rights. http://www.charlotteobserver.com/news/local/article114109993.html, http://publicindex.sccourts.org/York/PublicIndex/PIImageDisplay.aspx?ctagency=46002&doctype=C&docid=2icCheA9dDwSmG50LsVamw==, http://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_14/article_14.html, Image Credit: Brad Smith is a Managing Member of Arnold & Smith, PLLC, where he focuses on the areas of criminal defense, DUI / DWI defense and traffic defense. The trial court awarded Grant $10,703 in actual damages ($5,000 for mental anguish and $5,703 in attorney fees), and $1 million each against Bennett and Bonham Corp. in exemplary damages. In order to recover for malicious prosecution in both North and South Carolina, the injured party (plaintiff) must be able to prove to the court that the defendant initiated the earlier proceeding, that he or she did so with malice, and without probable cause, and that the earlier proceeding ended in the plaintiff’s favor—in other words, if you are convicted, you cannot then sue for malicious prosecution unless your conviction is overturned on appeal. As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content. For a verdict to be set aside on the ground of excessiveness, in this type of case the rule of Indiana is as follows: Seven (7) months later, the charges were dropped. The $7.3 million judgment is broken down as follows: • $505,000 in actual damages and $1.9 million in punitive damages for "malicious prosecution" of … Share: Share on Twitter Share on Facebook Share on G+ Share with email. There had been issues with the well Carter’s property shared with others drying up recently. Faile ended up needing medical treatment, so police recommended that Carter be charged with assault. North Carolina has a Stand-Your-Ground law similar to that of South Carolina’s. The jury awarded Rodolfo Rivera $200,000 for malicious prosecution, agreeing with Rivera's attorneys that the charges filed against him were baseless. We hold that, in this context, a postjudgment settlement constitutes a favorable termination when the malicious prosecution plaintiff received a favorable judgment in the underlying action, and settled without giving up any portion of the judgment in his favor. By Wakefield, Vivian . Mojave County, Arizona jury awards Arnaldo Trabucco,MD largest award in AZ history. Mojave County, Arizona jury awards Arnaldo Trabucco,MD largest award in AZ history. Court partially upholds jury award in ex-workers’ suit against Family Dollar . Franklin sued New York police for civil rights violations after they mistook the 18-year-old for his older brother suspected of domestic … While Carter’s case obviously met the elements for proving malicious prosecution given the state’s Stand-Your-Ground law, the jury’s $150,000 award stands in stark contrast to the one awarded in DeShawn Franklin’s somewhat similar case that we discussed earlier this year. Jury Awards Man $47,720 for Malicious Prosecution . Wrongful criminal charges > police mistake + brutality? A Jacksonville jury awarded $47,720 to a man arrested in Jacksonville Beach on a charge of drinking in public under the city's zero-tolerance policy. In a lawsuit for malicious prosecution, a York County jury has awarded a $150,000 verdict to a Rock Hill-area man for the county Sheriff’s Office 2012 arrest of the man in a Stand-Your-Ground case in which he argued he should never have been charged. Our attorneys stand at the ready to defend you against state or federal charges. Location: Maryland . The jury then awarded damages in the sum of $590,000: $15,000 for the false arrest, $75,000 for malicious prosecution, and $500,000 for battery – pain and suffering for the seven years from the date of the incident to the date of the verdict Charlotte Criminal Lawyer Brad Smith answers the question: “The person that called the police doesn’t want to press charges, can I still be prosecuted?”. After jury sided with woman's malicious prosecution claim, Dallas council to vote on cutting $1.2 million check What is Underage (Provisional) DWI in North Carolina. Reporter wins malicious prosecution suit; jury awards $550,000 09/20/1994 CALIFORNIA -- A Superior Court jury in Los Angeles awarded $550,000… Posted on September 20, 1994 CALIFORNIA — A Superior Court jury in Los Angeles awarded $550,000 in late August to a journalist who lost his helicopter pilot’s license after a city firefighter accused him of interfering with rescues. When the incident occurred, Carter had been working as a maintenance man for several properties in York County, including his own. Guilty of malicious prosecution and abuse of process Jeffrey Cogan ESQ found guilty of malicious prosecution/abuse of process. Franklin sued New York police for civil rights violations after they mistook the 18-year-old for his older brother suspected of domestic violence and barged into his family’s house in the middle of the night, woke him up and proceeded to punch, Taser and arrest him. In some cases where the defendant’s actions do not rise to the level of malicious prosecution, North Carolina courts have noted an injured party without proof of special damage can still move for sanctions to be imposed against the opposing party in order to receive monetary damages. The Cons of Filing a Malicious Prosecution Lawsuit. The respondents made proper post-trial motions for a new trial and for the entry of a judgment in accordance with their prior motions for directed *51 verdict. Gore, a jury had awarded the plaintiff $4,000 in compensatory damages and $4 million in punitive damages (later reduced by the Alabama Supreme Court to … The city settled the claim for $100,000, with Detective Bruce Turnbull agreeing to personally pay $100 per month for twelve months. predicate for a subsequent malicious prosecution action. Please contact Arnold & Smith, PLLC today at (704) 370-2828   or find additional resources here. 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