BLANTON v. BARRICK

No. 58790.

258 N.W.2d 306 (1977)

Fred BLANTON, Appellant, v. Ronald BARRICK, Individually and in his capacity as County Attorney of Clay County, and Dick Clemens, in his Capacity as Sheriff of Polk County, Appellee.

Supreme Court of Iowa.

October 19, 1977.


Attorney(s) appearing for the Case

Alfredo G. Parrish and Linda Del Gallo, Des Moines, for appellant.

Clyde Putnam, Jr., Des Moines, and Francis Fitzgibbons, Estherville, for appellee Barrick.

Heard by MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and REYNOLDSON, JJ.


MOORE, Chief Justice.

The issue here presented is whether defendant part-time county attorney, who was representing plaintiff's wife in a dissolution of marriage proceeding and later initiated a criminal prosecution against plaintiff charging him with child stealing thereby causing him to be arrested and incarcerated for two days, is amenable to an action for malicious prosecution. Trial court held the doctrine of judicial immunity applied to protect defendant and...

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