Jones v. McLemore, 2014 Ark. App. 147

Jones sued McLemore brothers, former Arkansas State Police agents, for malicious prosecution, defamation, conspiracy, and ACra violations, both personally and as agents.
McLemores moved for summary judgment claiming no material fact and statute-of-limitations defenses; trial court granted.
Investigations began in 2005 into theft at a tire shredder and expanded to allegations against Jones; special prosecutors were appointed in 2005.
Roger McLemore participated in the investigation; Dittrich and McCastlain served as the later special prosecutors through the 2010 trial.
Jones was arrested in February 2008, prosecuted, and acquitted in May 2010; he filed suit on March 4, 2011.
The court held ACRA claims time-barred and granted summary judgment on the malicious-prosecution claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Malicious-prosecution elements lacking.	Jones argues there is a factual question on malice and lack of probable cause by McLemores.	McLemores contend probable cause existed; the decision to prosecute lay with Dittrich, not the McLemores.	Summary judgment affirmed; no genuine issue on lack of probable cause.
ACRA limitations period start date.	Jones contends limitations began when the underlying malicious-prosecution terminated in his favor (May 2010).	McLemores argue limitations began at arrest (Feb 2008) and expired before suit was filed.	ACRA claims barred by statute of limitations; limitations runs from arrest, not termination.

Brooks v. First State Bank, 2010 Ark. App. 342, 374 S.W.3d 846 (Ark. Ct. App. 2010) (summary judgment standard and proof of material facts)
Coombs v. Hot Springs Village Prop. Owners Ass’n., 98 Ark. App. 226, 254 S.W.3d 5 (Ark. Ct. App. 2007) (probable cause and continuation of prosecution principles)
Martin v. Hallum, 2010 Ark. App. 193, 374 S.W.3d 152 (Ark. Ct. App. 2010) (probable cause in malicious-prosecution analysis)