BUTT v. McEVOY

No. 25A03-9511-CV-376.

669 N.E.2d 1015 (1996)

Daniel K. BUTT, Individually and in his capacity as Deputy Town Marshal of the Town of Akron, Indiana, Appellant-Defendant, v. James H. McEVOY, Appellee-Plaintiff.

Court of Appeals of Indiana.

August 6, 1996.


Attorney(s) appearing for the Case

Robert T. Keen, Jr., Larry L. Barnard, Miller Carson Boxberger & Murphy, Fort Wayne, for Appellant.

Jay T. Hirschauer, Hirschauer & Hirschauer, Logansport, for Appellee.


OPINION

GARRARD, Judge.

Daniel Butt appeals the denial of his motion for summary judgment on James McEvoy's claim for malicious prosecution. We reverse.

FACTS

On December 13, 1991, McEvoy, the Town Marshal of Akron, Indiana, was arrested and charged with obstruction of justice and contributing to the delinquency of a minor. As a result of his arrest, McEvoy was removed as Town Marshal. In September of 1992, all charges were dropped...

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