United States DC Circuit

In a malicious prosecution action, summary judgment for Defendants is reversed, where the District Court erred by holding that an indictment is conclusive evidence of probable cause in a subsequent retaliatory or malicious prosecution action.

Appellate Information

• Argued 04/16/2009
• Decided 07/07/2009
• Published 07/07/2009

Judges

• Before SENTELLE, Chief Judge, HENDERSON and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul Michael Pohl argued the cause for appellant.   With him on the briefs were Bryan D. Kocher, Christian G. Vergonis, and Joseph M. David.


• For Appellees:
  
• Richard Montague, Attorney, U.S. Department of Justice, argued the cause for appellees.   With him on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Barbara L. Herwig, Attorney.