Olsen v. Fullner

Plaintiff appeals a summary judgment of dismissal of his action for malicious prosecution.

Plaintiff had been charged with first degree theft of timbers which had been left in his possession. The charge was dismissed during trial at the close of the State's case.

In 1974, a Bellingham police officer purchased the timbers from a building that was being torn down. He stored them on a lot leased by plaintiff. Three years later, the defendant Fullner, also a Bellingham police officer, contacted the plaintiff to purchase the timbers but was referred to the owner. When plaintiff's lease on the lot…