 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Parker v. City of Midwest City3/23/1993
Does the Oklahoma Governmental Tort Claims Act in effect immunize a municipality from liability for malicious prosecution? A literal reading of the pertinent statutes reveals that it does, and requires affirmance of the summary judgment for the City.
Plaintiff Parker ran a nightclub. Officer Strong was a policeman for Midwest City, the Defendant. The two men knew each other, and apparently shared a mutual dislike. This is a malicious prosecution suit arising from action taken by Officer Strong against Parker.
On March 6, 1986 Officer Strong claims that he suspected that Parker was driving while intoxicated and stopped Parker in his automobile. Parker was ticketed for speeding and driving without a valid license, and charged with driving under the influence of alcohol. Parker did not contest the speeding and no-license charges. At the trial for the DUI charge Parker was acquitted.
Based on this incident Parker brought suit in state court. He alleged malicious prosecution, naming the City of Midwest City, Officer Strong and the Chief of Police as defendants. He claimed he was not intoxicated, that he passed the field sobriety test administered by Strong, and that Strong was activated by malice in causing a DUI charge to be filed against him. He later amended his petition to dismiss Strong and the police chief as individuals. Parker then filed suit on the same facts in federal court against Strong.
In his federal suit he asserted a violation of his constitutional rights by way of a claim under 42 U.S.C. § 1983. Upon motion by Strong the federal district court granted summary judgment in the civil rights case. Although Parker contested most facts surrounding the arrest, the federal court held that Strong had probable cause to arrest Parker, and that probable cause to arrest was a defense to the action. The federal court based its decision on the fact that even though Parker denied speeding and intoxication, the charge of driving without a valid license was "completely uncontroverted."
The City then made a motion in the state court for summary judgment. The basis of the motion was issue preclusion. The federal court had determined that Strong had probable cause to arrest, and because lack of probable cause is a requisite in a malicious prosecution action, the City urged that summary judgment was proper. The court granted summary judgment based on its findings that (1) the federal court order was "conclusive as to the issue of probable cause", and (2) the Governmental Tort Claims Act, 51 O.S. 1991 § 155 , applied to preclude liability on the part of the City. Parker appealed.
The Court of Appeals, Division III, reversed the trial court, holding that the question of probable cause under federal civil rights law differed from the question of probable cause under state malicious prosecution law, and thus the state court was not bound by the federal court's decision. We granted certiorari on May 26, 1992. We affirm the trial court's grant of summary judgment, but for reasons to be explained we do not reach the question of probable cause.
The dispositive question is whether the Governmental Tort Claims Act precludes liability by preserving the sovereign immunity of the City. In his brief the plaintiff correctly sets out the elements of a malicious prosecution action, as follows: (1) the bringing of the original action by the defendant; (2) its successful termination in favor of the plaintiff; (3) want of probable cause to bring the action; (4) malice; and (5) damages. Young v. First State Bank, Watonga, 628 P.2d 707 (Okla. 1981). In its brief, the City argues that it is not liable because the officer was acting outsi
Page 1 2 3 Oklahoma DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|