Howlett v. Hack

Dist. Ct. did not err in granting defendants-police officials’ motion for summary judgment in section 1983 action alleging that defendants subjected plaintiff to false arrest and malicious prosecution arising out of plaintiff’s arrest on burglary and battery charges stemming from incident in which plaintiff’s neighbor claimed that plaintiff had entered his house and physically assaulted him. Plaintiff could not establish false arrest claim, where defendant-police officer had probable cause to arrest plaintiff based on neighbor’s identification of plaintiff as culprit under circumstances where officer had no reason to believe that neighbor harbored any ill will toward plaintiff. Plaintiff also could not establish malicious prosecution claim against officer or City since: (1) Indiana law shielded govt. employees from such claim; and (2) any 4th Amendment malicious prosecution claim required plaintiff to show either lack of probable cause or presence of malice. Finally, defendant-neighbor was entitled to dismissal without prejudice of federal malicious prosecution claim, since plaintiff had adequate remedy in state court for such action. Moreover, Dist. Ct. was directed to remand plaintiff’s state-court false-arrest and malicious prosecution claims to state court for resolution in that forum.