Criss v. Springfield Township

For the reasons which follow, we affirm the judgment of the court of appeals and remand the cause for a new trial.

The primary issue is whether polygraph tests given to witnesses by police officers during the course of a criminal investigation should be admissible to show the officer’s state of mind where the officer is the defendant in a malicious prosecution action. Our analysis begins with a discussion of the essential nature of the tort of malicious prosecution.

The tort of malicious criminal prosecution is the right to recover damages for the harm caused to a defendant in a criminal case…