575 F. App'x 449
5th Cir.2014Background
- Lemoines sue Judge Wolfe for malicious prosecution arising from Scott Lemoine’s cyberstalking prosecution.
- Posts by Lemoine criticized Kelly Wolfe and implicated Judge Wolfe, prompting police involvement.
- Detective Aguillard investigated; Judge Wolfe allegedly pressed for arrest and influenced bail decisions.
- Lemoine was arrested, interrogated, and later faced additional charges including solicitation of murder.
- Cyberstalking charge was dismissed and Lemoine was released; district court granted Wolfe summary judgment on causation.
- Court reverses in part and certifies a Louisiana Supreme Court question on bona fide termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wolfe was a legal cause of the prosecution | Lemoines contend Wolfe influenced investigation/prosecution. | Wolfe acted as a civilian; not the legal cause. | There is a triable issue of fact on legal causation. |
| Whether the investigation/arrest lacked probable cause | Evidence shows lack of honest belief in guilt due to improper influence. | Probable cause supported by Wolfe’s assertion of probable cause. | Issue of probable cause survives summary judgment. |
| Whether malice is shown | Presumption of malice due to lack of probable cause; shown via improper motivation. | No malice shown beyond disputed facts. | Sufficient evidence of malice to defeat summary judgment on this element. |
| Whether dismissal constitutes bona fide termination | Dismissal may be a bona fide termination under Louisiana law. | Dismissal may not satisfy termination where not on merits. | Certification warranted to resolve whether 691 dismissal is bona fide termination. |
Key Cases Cited
- John Deere Co. v. American National Bank, Stafford, 809 F.2d 1190 (5th Cir. 1987) (summary-judgment on unargued theory not upheld when party on notice)
- LeBlanc v. Pynes, 69 So. 3d 1273 (La. App. 2 Cir. 2011) (nol pros constitutes bona fide termination; post-Savoie developments)
- Hope v. City of Shreveport, 862 So. 2d 1139 (La. App. 2 Cir. 2003) (presumption of lack of probable cause upon dismissal; burden shifts)
- Savoie v. Rubin, 820 So. 2d 488 (La. 2002) (bona fide termination framework; dismissal venue concerns)
- Deville v. Marcantel, 567 F.3d 156 (5th Cir. 2009) (Erie-based worry about state-law interpretation; bona fide termination context)
- Banks v. Brookshire Bros., Inc., 640 So. 2d 680 (La. App. 3 Cir. 1994) (circuit precedent on termination elements)