Johnny Moffitt v. Orbin McPeake
W2016-01706-COA-R3-CV
| Tenn. Ct. App. | Oct 10, 2017Background
- On May 16, 2013, Johnny Moffitt was arrested and later charged with aggravated assault after an altercation with Orbin McPeake, Steven Roy Phelps, and William Mac Patterson.
- Moffitt was convicted of aggravated assault on July 31, 2014, and sentenced to four years; his direct appeal produced a mixed result and post-conviction proceedings were pending.
- Moffitt filed a civil suit on July 27, 2015, alleging conspiracy to effect an illegal arrest, malicious prosecution, and unlawful incarceration against McPeake, Phelps, and Patterson.
- McPeake and Phelps moved to dismiss under Tenn. R. Civ. P. 12.02(6), arguing the one-year statute of limitations had expired; the trial court dismissed their claims as time-barred.
- A default judgment against Patterson was entered then set aside; the trial court later dismissed Moffitt’s claims against Patterson on the same statute-of-limitations grounds.
- On appeal the Court of Appeals affirmed dismissal, but on a different ground: Moffitt could not state a malicious prosecution claim because the underlying criminal proceeding had not been finally terminated in his favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Moffitt’s malicious prosecution claim was time-barred | Moffitt filed within one year of arrest-related harms and challenges trial-court limitation ruling | Defendants argued the one-year statute of limitations ran from the arrest (May 16, 2013) so suit was untimely | Court affirmed dismissal but rejected statute-of-limitations basis; held accrual for malicious prosecution did not occur at arrest because claim requires favorable termination of criminal case |
| Whether Moffitt pleaded elements of malicious prosecution | Moffitt alleged lack of probable cause, malice, and injury from prosecution | Defendants argued failure to show favorable termination of criminal proceedings | Court held Moffitt failed to satisfy the required element that the prior action be finally terminated in his favor, so complaint fails to state a claim |
| Whether dismissal should be with prejudice | Moffitt sought to proceed on malicious prosecution now | Defendants urged dismissal as final due to limitations | Court dismissed without prejudice and noted Moffitt may refile if his conviction is overturned on post-conviction relief |
| Accrual rule for malicious prosecution vs. false imprisonment | Moffitt’s claims cited both malicious prosecution and unlawful incarceration/false imprisonment | Defendants relied on accrual at arrest for false imprisonment to argue timeliness | Court explained false imprisonment accrues at arrest (statute may be time-barred), but malicious prosecution accrues only upon favorable termination of prosecution |
Key Cases Cited
- Christian v. Lapidus, 833 S.W.2d 71 (Tenn. 1992) (articulates elements of malicious prosecution)
- Dunn v. State of Tenn., 697 F.2d 121 (6th Cir. 1982) (malicious-prosecution claim accrues only upon favorable termination of prior proceeding)