Dempsey v. Masto

Kane and Weiss, JJ.,

dissent and vote to reverse in the following memorandum by Kane, J. Kane, J. (dissenting). Our disagreement with the majority stems from our view that this record fails to demonstrate there was a question of fact whether this defendant instituted criminal proceedings against plaintiff. Defendant’s participation in the events leading up to the arrest of plaintiff are not in substantial dispute. Once he reported the incident to the Deputy Sheriff, recounting the version of events related to him by a waitress who had allegedly witnessed the actual theft and adding his own…