Guillermo G. Santillana v. Herbert M. Williams

In this diversity case decided under Texas substantive law, a carefully instructed jury found that defendant had knowingly made a false statement to the sheriff in violation of a state statute, Tex.Penal Code Ann. § 37.08, which resulted in the incarceration of plaintiff, who was almost immediately released when the charges were dismissed. It assessed $10,000 against defendant.

The controlling issue on appeal is whether there is such a cause of action in Texas. Plaintiff has cited no cases which hold there is such a cause of action. Defendant, asserting that in Texas there is no civil cause of…