Copeland v. Wicks
Annotate this CaseMother was charged with felony child abuse after an investigation by Detective. Mother was ultimately acquitted. Mother subsequently brought this action against Detective for malicious prosecution and for violating 42 U.S.C. 1983. Detective moved for summary judgment on the basis of qualified immunity. The trial court sustained the motion. Mother appealed, arguing that Detective was not entitled to summary judgment because the statements he made in his probable cause affidavit were intentionally false or made with a reckless disregard for the truth. The Supreme Court affirmed, holding that Detective was entitled to qualified immunity on the malicious prosecution claim, where there was no evidence that he acted with malice, and on the section 1983 claim, where there was probable cause to believe that Mother had committed a criminal offense.
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