Keen v. Simpson County, et al.
| Docket Number: | 2003-CA-00339-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: False arrest - Probable cause - Tort Claims Act Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ. Non Participating Judge(s): Griffis, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - TORTS-OTHER THAN PERSONAL INJURY & PROPERTY DAMAGE |
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| Trial Court: |
Date of Trial Judgment: 01-14-2003 Appealed from: Simpson County Circuit Court Judge: Vernon Cotten Disposition: DEFENDANTS' MOTION FOR SUMMARY JUDGMENT GRANTED. Case Number: 2002-35 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Arthur Gene Keen and Joyce I. Keen |
TONYA MICHELLE BLAIR
PHILIP W. GAINES
DEWITT L. FORTENBERRY |
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| Appellee: | Simpson County, Mississippi, Simpson County Sheriff's Department and J. C. Dillon, Sheriff of Simpson County, Mississippi | JACK R. DODSON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | False arrest - Probable cause - Tort Claims Act |
| Summary of the Facts: | Arthur and Joyce Keen filed complaints alleging false arrest, malicious prosecution, infliction of emotional distress, and abuse of process against Simpson County, the Simpson County Sheriff's Department, and J. C. Dillon, Sheriff of Simpson County. The Keens filed a motion for summary judgment on the issue of false arrest and a motion for partial summary judgment on the issue of malicious prosecution. The judge denied the Keens' summary judgment motions, but granted summary judgment to the defendants. The Keens appeal. |
| Summary of Opinion Analysis: | Prior to the filing of the complaint in this action, a habeas hearing was held and the court found that Sheriff Dillon acted without probable cause and that the Keens had been wrongfully detained. The Keens argue that the elements of false arrest and malicious prosecution had been established at the civil habeas corpus proceeding and that the facts should have been binding on the same parties in the civil suit. In the summary judgment proceeding, the court found that Sheriff Dillon acted with probable cause. In determining whether probable cause exists, the judge must make a practical, common-sense decision based on all the circumstances set forth in the affidavit before him, including the veracity and basis of knowledge of persons supplying hearsay information. The record shows that Dillon received a tip from an anonymous source, who indicated that someone named Clinton Butler had bragged about participating in killing Brister for money. In his statement, Butler indicated that the Keens were present during Brister's murder. Based upon this statement, Sheriff Dillon believed that the Keens had acted in concert with Butler as part of a larger plan to kill and rob Brister. Sheriff Dillon requested and received from the justice court an arrest warrant for the Keens. Because Butler subsequently recanted his statement, Sheriff Dillon, testifying under oath at the preliminary hearing, stated that he had no evidence to connect the Keens to Brister's murder. The question of probable cause must be determined on the facts as known when the arrest warrant is requested, not on facts that may be subsequently developed. Therefore, there was probable cause when the arrest warrant was requested. Where probable cause exists for an arrest, a suit for false arrest and malicious prosecution will not lie against a law enforcement officer. The grant of summary judgment to the defendants was appropriate. |
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