Federal Court Grants Summary Judgment to Brown Co. Prosecutor’s Office in Malicious Prosecution Case

FHKAD Attorneys Dan Downey and Frank Hatfield received summary judgment on behalf of the Brown County Prosecutor’s Office. Five officials with the Ohio Department of Natural Resources Department of Wildlife (ODNR) sued the Brown County Prosecutor alleging, among other accusations, that the Brown County Prosecutor subjected them to a malicious prosecution, falsified evidence, and conspired to deprive them of various rights.

The original prosecution stemmed from a wildlife officer who allowed an out-of-state friend to use the Ohio officer’s home address to receive a discounted Ohio hunting license. The Ohio Inspector General’s Office conducted an investigation and found that the wildlife officer had engaged in improper conduct with the five ONDR officials when they failed to refer the matter to the department’s director or chief legal counsel. The matter was then referred to the Brown County Prosecutor to consider possible criminal charges. In 2010, a grand jury indicted the five ODNR officials on charges of obstruction. The case was dismissed, however, after statements of the five ODNR officials were suppressed.

This civil action centered on the investigation of the ODNR officials by the Ohio Inspector General’s Office and the criminal prosecution initiated by the Brown County Prosecutor. Plaintiffs’ Complaint contained nine claims against several defendants. Only two claims, manufacturing evidence and malicious prosecution, survived Defendants’ Motions to Dismiss because the Court was required to consider Plaintiffs’ allegations to be true at that time. Limited discovery took place and the matter proceeded to the summary judgment stage where the Court considered the facts established in discovery.

Because the Prosecutor provided uncontroverted evidence that she acted within the scope of her prosecutorial duties the Court found that the Brown County Prosecutor is entitled to absolute prosecutorial immunity. Plaintiffs’ claims also failed because a grand jury indicted them on relevant charges. A grand jury indictment constitutes probable cause in support of prosecution. As such, Plaintiffs’ claims failed even absent prosecutorial immunity. Accordingly, the Brown County Prosecutor was granted summary judgment completely disposing of this matter. For any additional information on this case, please contact Frank Hatfield at fhatfield@fishelhass.com.