Blanton v. Barrick

MOORE, Chief Justice.

The issue here presented is whether defendant part-time county attorney, who was representing plaintiff’s wife in a dissolution of marriage proceeding and later initiated a criminal prosecution against plaintiff charging him with child stealing thereby causing him to be arrested and incarcerated for two days, is amenable to an action for malicious prosecution. Trial court held the doctrine of judicial immunity applied to protect defendant and sustained his summary judgment motion. We agree and therefore affirm on plaintiff’s appeal.

The facts giving rise to this action as…