McKinney v. Okoye
287 Neb. 261
| Neb. | 2014Background
- McKinney operated a licensed daycare; infant in her care died after 2007; Okoye conducted autopsy for county; autopsy report tied death to homicide by blunt trauma and asphyxia; charges against McKinney were filed then dropped; McKinney sued Okoye for malicious prosecution; district court granted summary judgment for appellees; expert testimony contradicted Okoye’s findings; appellate court reverses, finding material issues as to causation, probable cause, and malice.
- Ophoven and Bux testified Okoye’s findings were false or misleading and constituted grossly negligent, unscientific conclusions; Okoye’s handling of the brain and reliance on artifacts and postmortem artifacts; CT scans deemed nonhelpful; McKinney’s waiver of preliminary hearing not conclusive of probable cause.
- The district court held (1) Okoye did not knowingly provide false information; (2) probable cause existed; (3) No malice; (4) summary judgment warranted.
- McKinney argues genuine issues of material fact exist as to Okoye’s intent, causation, and probable cause; appellees argue the record supports summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Okoye legally responsible for the prosecution initiation? | Okoye knowingly provided false information to prosecutors. | Okoye did not actively persuade; information merely relayed. | No, but material issue exists as to knowingly false information. |
| Is there a material issue on probable cause given conflicting expert testimony? | Probable cause could be negated by false/misleading autopsy findings. | Probable cause existed based on all information; not solely Okoye’s report. | Probable cause is a mixed question; material issue remains. |
| Does the evidence support malice by Okoye? | Expert testimony shows purposeful false/misleading conclusions. | Malice requires more; could be mere error or negligence. | Reasonable minds could differ on malice; summary judgment improper. |
Key Cases Cited
- Guinn v. Murray, 286 Neb. 584 (Neb. 2013) (malice and causation in malicious prosecution—evidence standards)
- Johnson v. First Nat. Bank & Trust Co., 207 Neb. 521 (Neb. 1980) (informant liability and prosecutor initiation concepts)
- Schmidt v. Richman Gordman, Inc., 191 Neb. 345 (Neb. 1974) (informant liability; when information leads to prosecution)
- Cimino v. Rosen, 193 Neb. 162 (Neb. 1975) (probable cause and causation standards in malicious prosecution)