Lewis v. Kei
708 S.E.2d 884
Va.2011Background
- Amended complaint filed Sept. 14, 2009 in Prince George County alleged Kei arrested Lewis on an abduction charge based on Williams' statements; Williams reported to 911 dispatcher and publicized by media.
- Kei obtained a warrant Aug. 7, 2008 without interviewing the child or Lewis; relied solely on Williams' statements conveyed via dispatcher.
- Lewis was arrested Aug. 8, 2008 and held 41 days, with bail denied twice.
- Notice posted Aug. 8, 2008 on county website announcing Lewis’s arrest; story re-published by local media.
- Charges dismissed by nolle prosequi after investigation confirmed Lewis’s version; arrest record expunged Oct. 29, 2008.
- Circuit court sustained Kei’s demurrer to malicious prosecution and false imprisonment; remand for defamation ruling; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Malicious prosecution elements. | Lewis alleges lack of probable cause and malice. | Kei relied on Williams' eyewitness report and had probable cause. | Probable cause supported; demurrer affirmed. |
| False imprisonment viability. | Arrest unlawful due to lack of investigation. | Probable cause from warrant defeats false imprisonment claim. | No false imprisonment; demurrer affirmed. |
| Defamation viability. | Statements were false and published; injury to reputation. | Some statements true or opinion; others could be defamatory; privilege applicable. | Defamation claim viable; demurrer reversed as to this claim. |
Key Cases Cited
- O'Connor v. Tice, 281 Va. 1 (Va. 2011) (four-component malice-probable cause framework for malicious prosecution)
- Reilly v. Shepherd, 273 Va. 728 (Va. 2007) (probable cause may rest on eyewitness report; reliance on such report is permissible)
- Brice v. Nkaru, 220 F.3d 233 (4th Cir. 2000) (police may arrest on eyewitness statements)
- Gramenos v. Jewel Cos., 797 F.2d 432 (7th Cir. 1986) (support for reliance on oral reports from witnesses)
- Hyland v. Raytheon Tech. Servs. Co., 277 Va. 40 (Va. 2009) (defamation elements; distinction between fact and opinion)
- WJLA-TV v. Levin, 264 Va. 140 (Va. 2002) (false accusation of crime injures reputation; actionable defamation)
- Parson v. Carroll, 272 Va. 560 (Va. 2006) (defamation based on criminal conduct accusation; injury question for jury)
- Sands & Co. v. Norvell, 126 Va. 384 (Va. 1919) (regular and valid warrant defeats false imprisonment claim)