Practice point: A civilian defendant who merely furnishes information to law enforcement
authorities, who are then free to exercise their own independent
judgment as to whether an arrest will be made and criminal charges
filed, will not be held liable for false arrest or malicious prosecution.
Student note: In addition, where, as here, the plaintiff was indicted by the grand
jury, there is a presumption of probable cause vis-a-vis the malicious prosecution cause of action.
Case: Johnson v. Follett Higher Educ. Group, Inc., NY Slip Op 00483 (2d Dept.2014).
Here is the decision.
Monday's issue: A declaratory judgment claim involving a Delaware LLC.
