Carlsen v. Village of Oakwood Hills

This appeal arises from an order of the trial court entered on defendants’ motion to dismiss, dismissing count III of plaintiff’s complaint for malicious prosecution. The trial court determined that plaintiff’s complaint failed to state a cause of action since the attempted criminal prosecution underlying plaintiff’s complaint was not terminated in a manner indicative of plaintiff’s innocence. We affirm.

On August 1, 1982, plaintiff, Helmut P. Carlsen, was involved in an altercation with Thaddeus Dzierzbicki, a police officer with the Village of Oakwood Hills (village). On August 2, 1982,…