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McCOLLUM v. GARRETT

No. 93-SC-083-DG.

880 S.W.2d 530 (1994)

Charles R. McCOLLUM, III, Henderson County Attorney, Appellant, v. Georgia Fay GARRETT, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing September 1, 1994.

Attorney(s) appearing for the Case

W. Kenneth Nevitt, C. Thomas Hectus, R. Thaddeus. Keal, Williams & Wagoner, Edward H. Stopher, Boehl Stopher & Graves, Louisville, for appellant.

Jeanie Owen Miller, Owensboro, for appellee.

Michael E. Conliffe, Paul B. Whitty, Louisville, for amicus curiae, Kentucky County Attys. Ass'n.

D. Brent Irvin, G. Dennis Howard, Asst. Atty. Gen., Frankfort, Thomas J. Smith, III, Ky. Com. Atty's. Ass'n, Sp. Asst. Atty. Gen., Richmond, KY, for amicus curiae, Chris Gorman, Atty. Gen. and Ky. Com. Atty's. Ass'n.

LAMBERT, Justice.

This Court granted discretionary review to consider the extent to which a public prosecutor shall have immunity from civil liability for malicious prosecution.1 A separate question which must first be addressed is whether the complaint filed by appellee, Georgia Fay Garrett, sufficiently stated an individual, as opposed to an official capacity, claim against appellant, Charles R. McCollum, III. As this case was resolved...

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