M.G. v. Young
2016 U.S. App. LEXIS 11206
| 10th Cir. | 2016Background
- Plaintiffs were arrested in 2007–2008 for prostitution by Mr. Young, who filed and prosecuted misdemeanor cases; each pled guilty.
- Mr. Young was a City fleet manager and a voluntary reserve officer, with authority limited to supervision by full-time officers.
- In 2011, a petition for relief from judgment alleged lack of authority and fraud by Young; the city stipulated to relief.
- State court vacated and dismissed the convictions with prejudice; order lacked stated reasons in the record.
- District court granted summary judgment on malicious-prosecution claims, finding no favorable termination showing innocence.
- On appeal, the Tenth Circuit reviewed de novo and affirmed; plaintiffs failed to show termination indicative of innocence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the vacation of convictions indicate innocence? | Plaintiffs contend vacatur signals innocence because of Young's misrepresentations. | Defendants argue vacatur rests on technical grounds or stipulation, not innocence. | No; vacatur not shown to indicate innocence. |
| Can evidence challenging Young's reliability prove innocence as a matter of law? | Giglio supports impeachment evidence potentially proving innocence. | Giglio does not compel innocence; jury must decide, with record insufficient to prove innocence. | Not; record cannot establish innocence as a matter of law. |
Key Cases Cited
- Wilkins v. DeReyes, 528 F.3d 790 (10th Cir. 2008) (favorable-termination standard in malicious-prosecution claim)
- Dobiecki v. Palacios, 829 F. Supp. 229 (N.D. Ill. 1993) (case describing termination for innocence inquiry)
- Kossler v. Crisanti, 564 F.3d 181 (3d Cir. 2009) (distinguishing favorable termination from probable cause)
- Giglio v. United States, 405 U.S. 150 (U.S. 1972) ( Brady witness reliability does not prove innocence per se)
- Truck Ins. Exch. v. MagneTek, Inc., 360 F.3d 1206 (10th Cir. 2004) (summary-judgment standard and admissible-evidence constraints)
- Twigg v. Hawker Beechcraft Corp., 659 F.3d 987 (10th Cir. 2011) (de novo review standard for summary judgment in circuit)