CREELMAN v. SVENNING

No. 37969.

67 Wn.2d 882 (1966)

410 P.2d 606

C.W. CREELMAN, Appellant, v. ORVILLE SVENNING et al., Respondents.

The Supreme Court of Washington, Department One.

January 27, 1966.


Attorney(s) appearing for the Case

John W. Riley, for appellant.

The Attorney General, Charles F. Murphy, Dean A. Floyd, and Lloyd W. Peterson, Assistants, for respondent.

Robert E. Schillberg and Robert K. Waitt, for respondent Snohomish County.


HILL, J.

The question presented is whether there is any liability by the county and the state for a malicious prosecution by a prosecuting attorney.

For a speedy determination of that question, we make two assumptions: one, that the prosecutor has maliciously and without just cause prosecuted the plaintiff; second, that the position of the prosecutor is such that both the county and the state could be responsible for his tortious conduct.

We wish to...

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