BROWN v. DAYTON HUDSON CORP.

No. 81-40.

314 N.W.2d 210 (1981)

Robert E. BROWN, Appellant, v. DAYTON HUDSON CORPORATION, et al, Respondents, City of Minneapolis, et al, Respondents.

Supreme Court of Minnesota.

December 17, 1981.


Attorney(s) appearing for the Case

Roger A. Johnson, Minneapolis, for appellant.

John F. Angell, Minneapolis, for Dayton Hudson Corp., et al.

Robert J. Alfton, City Atty., and Steven R. Fredrickson, Asst. City Atty., Minneapolis, for Labat.

Considered and decided by the court en banc without oral argument.


OPINION

TODD, Justice.

Robert K. Brown was arrested on a charge of issuing a worthless check. His claims of mistaken identity, which he asserted immediately, subsequently proved true. The defendant, Joseph M. Labat, is an assistant Minneapolis city attorney. Labat refused to dismiss the charges or investigate facts furnished by Brown as to the mistaken identity. Upon dismissal of the charges Brown brought this action based upon malicious prosecution. The...

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