Julian v. Hanna

Dist. Ct. erred in granting defendants-police and other officials’ motion for summary judgment in section 1983 action alleging that defendants coerced others to testify falsely in trial on arson and burglary charges, where Dist. Ct. found that instant lawsuit was filed beyond applicable two-year limitations period, and that instant malicious prosecution claim was barred because State of Indiana had provided adequate remedy for said claim. Instant lawsuit was timely, since it had been filed within two years of when criminal charges against plaintiff were dismissed. Fact that plaintiff’s conviction had been reversed more that two years prior to filing instant lawsuit did not require different result since defendant was still subject to criminal charges after reversal. Moreover, Indiana does not have applicable malicious prosecution cause of action available to plaintiff where Indiana statute provides immunity to state officers such as defendants. Fact that Indiana gave plaintiff remedy for false imprisonment claim did not require different result.