Carter v. Barrington

Banke, Presiding Judge.

This is an appeal from a summary judgment for the defendant in a malicious prosecution action. The defendant swore out a criminal arrest warrant against John Alan Carter on October 4, 1982, charging him with reckless driving. Later that day, he swore out a second warrant against John Alan Carter’s father, Anthony John Carter, charging him with use of abusive and obscene language. On March 7, 1983, grand jury indictments were returned on both charges. However, a nolle prosequi was subsequently entered on each indictment, with the plaintiffs paying all court costs. The…