Johnson v. Moseley, No. 14-5870 (6th Cir. 2015)
Annotate this CaseJohnson, a former Metropolitan Nashville Police officer, Department, was twice arrested based on domestic violence complaints by his now-estranged wife, Terri. The second arrest was made, pursuant to warrant, by fellow officers Moseley and Thomas. Johnson was acquitted and filed suit against his estranged wife, Moseley and Thomas, and the Metropolitan Government, alleging civil rights violations based on false arrest and malicious prosecution, and state law claims for malicious prosecution and intentional infliction of emotional distress. The district court dismissed in part, but denied the officers’ motion as to claims for malicious prosecution. The malicious prosecution claim was based on allegations that Terri’s medical records contained information inconsistent with details in her domestic violence accusations, and cites police department policies that, if heeded by officers conducting a proper investigation, would have disclosed reasons to question the veracity of her accusations and question whether there was probable cause to prosecute Johnson. The Sixth Circuit reversed, referring to an "overly charitable" reading of the complaint. The claim is barred by qualified immunity because plaintiff’s complaint does not include fact allegations of specific conduct plausibly making out a violation of clearly established federal law.
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