Moser v. County of Black Hawk

REYNOLDSON, Chief Justice.

Plaintiff was charged with larceny in Black Hawk County. The trial information was dismissed when a key witness would not testify in accordance with his minute of testimony. Plaintiff then brought this malicious prosecution action against the defendant county. Trial court sustained the county’s motion for summary judgment. Plaintiff appeals and we affirm in part, reverse in part, and remand.

Plaintiff’s terse petition alleged, inter alia, that “agents employed by and acting on behalf of defendant commenced and prosecuted a criminal action against plaintiff,” the…