Scott Lemoine v. Elizabeth Wolfe
812 F.3d 477
5th Cir.2016Background
- Scott Lemoine was criminally charged with cyberstalking (and solicitation of murder); the cyberstalking charge was dismissed by nolle prosequi under La. C.Cr.P. art. 691 in Sept. 2010.
- Lemoine was confined in a federal medical center from March to October 2010; the District Attorney’s office provided an affidavit stating the cyberstalking charge was dismissed because Lemoine was outside Tangipahoa Parish and the office did not extradite for misdemeanors.
- The nolle prosequi for the solicitation charge expressly stated insufficient evidence; the cyberstalking nolle prosequi gave no reason.
- Plaintiffs (the Lemoines) sued for malicious prosecution in federal court; the district court granted summary judgment for defendants, prompting appellate review.
- The Fifth Circuit certified to the Louisiana Supreme Court whether an art. 691 dismissal constitutes a bona fide termination in favor of the accused for purposes of a Louisiana malicious prosecution claim.
- Louisiana Supreme Court answered that an art. 691 dismissal generally constitutes a bona fide termination unless done for reasons inconsistent with innocence (e.g., compromise, misconduct to prevent trial, mercy, refiled proceedings not favorably terminated, or impossibility/impracticability of trial), shifting the issue back to the Fifth Circuit to determine whether factual disputes remain.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the art. 691 nolle prosequi is a bona fide termination for malicious prosecution | Lemoine: dismissal reflects lack of probable cause and thus is a favorable termination | Defendants: dismissal was due to extradition policy/absence from jurisdiction (impracticability), not favorable determination on the merits | Genuine issue of material fact exists; cannot resolve on summary judgment — remanded |
| Effect of prosecutor affidavit stating dismissal due to absence/extradition policy | Lemoine: affidavit may be self-serving and made to shield Judge Wolfe; other evidence suggests dismissal for lack of grounds | Defendants: affidavit explains why prosecution did not continue; absence-based dismissal is not favorable | Affidavit creates a fact question when weighed with other record evidence; not dispositive |
| Significance of solicitation nolle prosequi stating insufficient evidence | Lemoine: contrasts with cyberstalking nolle prosequi and supports inference of lack of evidence on cyberstalking too | Defendants: different reasons may have applied to different charges; cyberstalking dismissal explained by absence | Court views the contrast as supporting plaintiff’s inference but still leaves factfinding to trial court |
| Whether court should grant summary judgment on bona fide termination prong | Lemoine: summary judgment inappropriate due to disputes over reasons for dismissal | Defendants: no dispute—dismissal was for extradition policy, which negates favorable termination | Summary judgment reversed; remanded for further proceedings |
Key Cases Cited
- Lemoine v. Wolfe, 168 So. 3d 362 (La. 2015) (Louisiana Supreme Court answer to certified question on art. 691 nolle prosequi and bona fide termination)
- Lemoine v. Wolfe, [citation="575 F. App'x 449"] (5th Cir. 2014) (prior Fifth Circuit opinion certifying question to Louisiana Supreme Court)
- LeBlanc v. Pynes, 69 So. 3d 1273 (La. Ct. App. 2013) (discusses when nolle prosequi supports inference of lack of reasonable grounds)
- Amos v. Brown, 828 So. 2d 138 (La. Ct. App. 2002) (shifts burden to defendant after plaintiff shows dismissal)