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KING v. GRAHAM

No. 01-0171.

126 S.W.3d 75 (2003)

Allan R. KING, Donald E. Holley, and F. Edward Barker, Petitioner, v. Philip H. GRAHAM and Thomas Michael Wren, Respondent.

Supreme Court of Texas.

Rehearing Denied February 27, 2004.

Attorney(s) appearing for the Case

Deborah R. Sundermann, Constance A. Luedicke, Corpus Christi, Jeffrey D. Small, Law Office of Jeff Small, San Antonio, for petitioners.

Darby Riley, Thomas H. Crofts Jr., Crofts & Callaway, P.C., San Antonio, for respondents.

Jo Ellen Hewins, Canales & Simonson, Douglas Mann, Law Office of Douglas Mann, Corpus Christi, for other interested parties.

PER CURIAM.

In Browning-Ferris Industries, Inc. v. Lieck, we held that a person cannot be liable for malicious prosecution if "the decision whether to prosecute is left to the discretion of another, including a law enforcement official or the grand jury, unless the person provides information which he knows is false."1 Thus, proof that a complainant has knowingly furnished false information is necessary for liability...

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