Supreme Court, in 2008, reversed Plaintiff's conviction for murder of his ex-girlfriend; and Court concluded that State violated Plaintiff's due process rights when it failed to disclose material and exculpatory information about a viable alternative suspect.Plaintiff filed malicious prosecution action against former police officers and Town of Normal. Appellate court's standard for determining whether Plaintiff satisfied the "commencement or continuance" prong of the tort of malicious prosecution was in error, as court failed to consider whether Defendants proximately caused the commencement or continuance of the criminal proceeding against Plaintiff by determining whether Defendants played a significant role in Plaintiff's prosecution. (KARMEIER, THOMAS, GARMAN, BURKE, THEIS, and NEVILLE, concurring.)
Illinois Supreme Court
Civil Court
Malicious Prosecution