Launi v. Hampshire County Prosecuting Attorney's Office (Signed Opinion)
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The Supreme Court affirmed the judgment of the circuit court in this case alleging malicious prosecution, civil conspiracy, and abuse of process claims against certain officials involved in Petitioner's prosecution for domestic battery and domestic assault, of which he was acquitted at trial, holding that there was no error.
Petitioner Norm Launi II brought claims of malicious prosecution and civil conspiracy against West Virginia State Police Corporal Scott Nazelrod, special prosecuting attorney John Ours, and prosecuting attorney in Hampshire County Dan James and also asserted a claim for abuse of process against Nazelrod. The circuit court dismissed the claims against James and Ours on the basis of absolute prosecutorial immunity and found that Petitioner failed to state valid claims as to Nazelrod. The Supreme Court affirmed, holding that the circuit court (1) properly dismissed the claims against James and Ours based on prosecutorial functions; and (2) did not err in concluding that Petitioner's claims against Nazelrod for malicious prosecution, civil conspiracy, and abuse of process failed on their merits.
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