King v. Darden

In this civil-rights actions, the plaintiff fails to establish all the elements of his claim that the defendants conspired to unlawfully arrest and prosecute him for engaging in election fraud.

Here, the plaintiff sued a county commonwealth’s attorney and an officer of the Virginia State Police for allegedly submitting false information in connection with the plaintiff’s candidacy for sheriff. But probable cause existed for the defendants to prosecute the plaintiff for election fraud, based on evidence that the plaintiff certified false information about his residency in his candidacy materials for sheriff. Because probable cause existed, the plaintiff cannot establish the elements for malicious prosecution. The plaintiff also was arrested pursuant to a facially valid warrant, so he similarly cannot prove his claims for false arrest and false imprisonment.

Motion for summary judgment granted.

King v. Darden, No. 3:17cv742, Apr. 19, 2019. EDVA at Richmond (Gibney).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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