23 Louisiana opinions name it 2 courts 1983–2025 2 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Scott D. Lemoine Beverly P. Lemoine v. Elizabeth P. Wolfegreen2 sentences2024App. 4 Cir. 10/10/22), 366 So.3d 540 , 543 (no cause of action for legal malpractice by plaintiff convict where claims involve collateral attack on conviction); see also Lemoine v. Wolf, 2014-1546, pp. 8-9 (La. 3/17/15), 168 So.3d 362, 368 (noting that one rationale for the “bona fide termination favorable to the [ ] plaintiff” requirement in a malicious prosecution claim is Heck’s holding that “civil tort actions are not appropriate vehicles to challenge validity of outstanding criminal judgments”). 2019In Lemoine v. Wolfe , 575 F.App'x 449 , 456 (5th Cir. 2014), certified question accepted , 14-1546 (La. 10/31/14), 151 So.3d 611 , and certified question answered, 14-1546 (La. 3/17/15), 168 So.3d 362 (alterations in original) (footnotes omitted), the federal court explained: Under Louisiana law, when a malicious prosecution claim is brought against a civilian-complainant, "[a]n independent investigation by law enforcement of [the complaint] may break the chain of causation between the complaint and the ultimate commencement of a criminal proceeding." Accordingly, citizens who "merely report[ | 2 | 7 |
Winn v. City of Alexandriagreen2 sentences2015The facts as recited by the court reveal that “the prosecuting attorney filed an information against the plaintiff, but, ascertaining same subsequent action for malicious prosecution) (plurality). 15 Winn v. City of Alexandria, 96-492, p. 5 (La.App. 3 Cir. 11/20/96), 685 So.2d 281, 284 (grand jury’s refusal to indict plaintiff in a malicious prosecution action is a favorable termination for purposes of the subsequent malicious prosecution claim). 16 Hope v. City of Shreveport, 37,759, pp. 3-5 (La.App. 2 Cir. 12/17/03), 862 So.2d 1139 , 1142- 1143 (District Attorney’s dismissal of charge follow 2015Winn v. City of Alexandria, 96-492, p. 5 (La.App. 3 Cir. 11/20/96), 685 So.2d 281, 284 (grand jury’s refusal to indict plaintiff in a malicious prosecution action is a favorable termination for purposes of the subsequent malicious prosecution claim). . | 1 | 3 |
Jones v. Soileaugreen2 sentences2015Jones v. Soileau, 448 So.2d 1268, 1271 (La.1984); Brungardt v. Summitt, 08-0577 (La.App. 4 Cir. 4/8/09) , 7 So.3d 879, 886 . 1988MALICIOUS PROSECUTION The requisite elements of a malicious prosecution claim are: “... (1) the commencement or continuance of an original criminal or civil judicial proceeding; (2) its legal causation by the present defendant in the original proceeding; (3) its bona fide termination in favor of the present plaintiff; (4) the absence of probable cause for such proceeding; (5) the presence of malice therein; and (6) damage conforming to legal standards resulting to plaintiff.” Stark v. Eunice Superette, Inc., 457 So.2d 291 (La.App. 3 Cir.1984, writ denied, 461 So.2d 316 (La.1984), citing Jones | 1 | 2 |
Miller v. East Baton Rouge Parish Sheriff's Dept.green2 sentences2015The facts as recited by the court reveal that “the prosecuting attorney filed an information against the plaintiff, but, ascertaining same subsequent action for malicious prosecution) (plurality). 15 Winn v. City of Alexandria, 96-492, p. 5 (La.App. 3 Cir. 11/20/96), 685 So.2d 281, 284 (grand jury’s refusal to indict plaintiff in a malicious prosecution action is a favorable termination for purposes of the subsequent malicious prosecution claim). 16 Hope v. City of Shreveport, 37,759, pp. 3-5 (La.App. 2 Cir. 12/17/03), 862 So.2d 1139 , 1142- 1143 (District Attorney’s dismissal of charge follow 2015Miller v. East Baton Rouge Parish Sheriff’s Department, 511 So.2d 446, 451-53 (La.1987) ("It is not disputed” that the trial court’s dismissal of charges after receiving a letter from the arresting officer urging dismissal based on the results of favorable polygraph tests satisfied the bona fide termination requirement for purposes of malicious prosecution action). .Such a holding is entirely consistent with the dismissal of a prosecution pursuant to La.C.Cr.P. art. 691. | 1 | 2 |
Robinson v. Goudchaux'sgreen2 sentences1988See also, Robinson v. Goudchaux's, 307 So.2d 287 (La.1975) wherein the court set forth the six elements necessary to support a malicious prosecution claim which includes termination of the underlying proceedings. 1983There had been systematic cash shortages in the store which always coincided with her shift, regardless of whom she worked with.” In Robinson v. Goudchaux’s, 307 So.2d 287 (La.1975), and again in Hibernia National Bank v. Bolleter, 390 So.2d 842 (La.1980), the Supreme Court of Louisiana defined the elements necessary to support a malicious prosecution claim: (1) The commencement or continuation of an original criminal or civil proceeding; (2) Its legal causation by the present defendant against plaintiff who was defendant in the original proceeding; (3) Its bona fide termination in favor of th | 1 | 2 |
Muldrow v. Jonesgreen2 sentences2015See, e.g., Muldrow v. Jones, 85 So.2d 711, 713 (Orl. 2015See, e.g., Muldrow v. Jones, 85 So.2d 711, 713 (Orl.App.1956) (acquittal in criminal prosecution is a favorable termination for purposes of malicious prosecution action). | 1 | 1 |
Hope v. City of Shreveportgreen2 sentences2015The facts as recited by the court reveal that “the prosecuting attorney filed an information against the plaintiff, but, ascertaining same subsequent action for malicious prosecution) (plurality). 15 Winn v. City of Alexandria, 96-492, p. 5 (La.App. 3 Cir. 11/20/96), 685 So.2d 281, 284 (grand jury’s refusal to indict plaintiff in a malicious prosecution action is a favorable termination for purposes of the subsequent malicious prosecution claim). 16 Hope v. City of Shreveport, 37,759, pp. 3-5 (La.App. 2 Cir. 12/17/03), 862 So.2d 1139 , 1142- 1143 (District Attorney’s dismissal of charge follow 2015Hope v. City of Shreveport, 37,759, pp. 3-5 (La.App. 2 Cir. 12/17/03), 862 So.2d 1139, 1142-1143 (District Attorney’s dismissal of charge following preliminary examination in which trial court found no probable cause for the plaintiff's arrest is a bona fide termination of the criminal proceedings for purposes of the subsequent malicious prosecution claim). . | 1 | 1 |
Hampton v. Kroger Co.green1 sentence2006See also, Hampton v. Kroger Co., 27,073 (La.App. 2 Cir. 6/21/95), 658 So.2d 209 , writ denied, 95-2140 (La.1/5/96), 666 So.2d 298 . | 1 | 1 |
Hampton v. Kroger Co.green1 sentence2006See also, Hampton v. Kroger Co., 27,073 (La.App. 2 Cir. 6/21/95), 658 So.2d 209 , writ denied, 95-2140 (La.1/5/96), 666 So.2d 298 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ulmer v. Frisard
green
2 sentences2019In Ulmer , 945 So.2d at 88 , this Court held that a case dismissed after the parties settled could not serve as the basis for a malicious prosecution claim because no judgment had been rendered in the underlying litigation. 2019In Ulmer , 945 So.2d at 88 , this Court held that a case dismissed after the parties settled could not serve as the basis for a malicious prosecution claim because no judgment had been rendered in the underlying litigation. | 2 | 2019–2019 |
In re Confidential Party
green
2 sentences2019In Lemoine v. Wolfe , 575 F.App'x 449 , 456 (5th Cir. 2014), certified question accepted , 14-1546 (La. 10/31/14), 151 So.3d 611 , and certified question answered, 14-1546 (La. 3/17/15), 168 So.3d 362 (alterations in original) (footnotes omitted), the federal court explained: Under Louisiana law, when a malicious prosecution claim is brought against a civilian-complainant, "[a]n independent investigation by law enforcement of [the complaint] may break the chain of causation between the complaint and the ultimate commencement of a criminal proceeding." Accordingly, citizens who "merely report[ 2019In Lemoine v. Wolfe , 575 F.App'x 449 , 456 (5th Cir. 2014), certified question accepted , 14-1546 (La. 10/31/14), 151 So.3d 611 , and certified question answered, 14-1546 (La. 3/17/15), 168 So.3d 362 (alterations in original) (footnotes omitted), the federal court explained: Under Louisiana law, when a malicious prosecution claim is brought against a civilian-complainant, "[a]n independent investigation by law enforcement of [the complaint] may break the chain of causation between the complaint and the ultimate commencement of a criminal proceeding." Accordingly, citizens who "merely report[ | 2 | 2019–2019 |
Scott Lemoine v. Elizabeth Wolfe
green
2 sentences2019In Lemoine v. Wolfe , 575 F.App'x 449 , 456 (5th Cir. 2014), certified question accepted , 14-1546 (La. 10/31/14), 151 So.3d 611 , and certified question answered, 14-1546 (La. 3/17/15), 168 So.3d 362 (alterations in original) (footnotes omitted), the federal court explained: Under Louisiana law, when a malicious prosecution claim is brought against a civilian-complainant, "[a]n independent investigation by law enforcement of [the complaint] may break the chain of causation between the complaint and the ultimate commencement of a criminal proceeding." Accordingly, citizens who "merely report[ 2019In Lemoine v. Wolfe , 575 F.App'x 449 , 456 (5th Cir. 2014), certified question accepted , 14-1546 (La. 10/31/14), 151 So.3d 611 , and certified question answered, 14-1546 (La. 3/17/15), 168 So.3d 362 (alterations in original) (footnotes omitted), the federal court explained: Under Louisiana law, when a malicious prosecution claim is brought against a civilian-complainant, "[a]n independent investigation by law enforcement of [the complaint] may break the chain of causation between the complaint and the ultimate commencement of a criminal proceeding." Accordingly, citizens who "merely report[ | 2 | 2019–2019 |
Murray v. Town of Mansura
green
1 sentence2019App. 3 Cir. 9/27/06), 940 So. 2d 832 , writ denied, 2006-2949 (La. 2/16/07), 949 So. 2d 419 , cert. denied, 552 U.S. 915 , 128 S. Ct. 270 (2007). | 1 | 2019–2019 |
Murray v. Town of Mansura
green
1 sentence2019App. 3 Cir. 9/27/06), 940 So. 2d 832 , writ denied, 2006-2949 (La. 2/16/07), 949 So. 2d 419 , cert. denied, 552 U.S. 915 , 128 S. Ct. 270 (2007). | 1 | 2019–2019 |
Brungardt v. Summitt
green
1 sentence2015Jones v. Soileau, 448 So.2d 1268, 1271 (La.1984); Brungardt v. Summitt, 08-0577 (La.App. 4 Cir. 4/8/09) , 7 So.3d 879, 886 . | 1 | 2015–2015 |
Kennedy v. Sheriff of East Baton Rouge
green
1 sentence2015The majority correctly concluded that Mr. Roy did not establish the elements of a false arrest claim as those are set forth in Kennedy v. Sheriff of Baton Rouge, 05-1418 (La.7/10/06), 935 So.2d 669 , but I disagree with the majority’s conclusion that Mr. Roy did not establish the malice element required for a malicious prosecution award as set forth in Miller v. Desoto Regional Health System, 13-639 (La.App. 3 Cir 12/11/13), 128 So.3d 649 , writ denied, 14-294 (La.4/11/14), 138 So.3d 609 . | 1 | 2015–2015 |
Miller v. Desoto Regional Health System
green
1 sentence2015The majority correctly concluded that Mr. Roy did not establish the elements of a false arrest claim as those are set forth in Kennedy v. Sheriff of Baton Rouge, 05-1418 (La.7/10/06), 935 So.2d 669 , but I disagree with the majority’s conclusion that Mr. Roy did not establish the malice element required for a malicious prosecution award as set forth in Miller v. Desoto Regional Health System, 13-639 (La.App. 3 Cir 12/11/13), 128 So.3d 649 , writ denied, 14-294 (La.4/11/14), 138 So.3d 609 . | 1 | 2015–2015 |
State ex rel. Joseph v. State
neutral
1 sentence2015The majority correctly concluded that Mr. Roy did not establish the elements of a false arrest claim as those are set forth in Kennedy v. Sheriff of Baton Rouge, 05-1418 (La.7/10/06), 935 So.2d 669 , but I disagree with the majority’s conclusion that Mr. Roy did not establish the malice element required for a malicious prosecution award as set forth in Miller v. Desoto Regional Health System, 13-639 (La.App. 3 Cir 12/11/13), 128 So.3d 649 , writ denied, 14-294 (La.4/11/14), 138 So.3d 609 . | 1 | 2015–2015 |
Filson v. Windsor Court Hotel
green
1 sentence2012We acknowledge the supreme court’s opinion in Filson v. Windsor Court Hotel, 04-2893, p. 4 (La.6/29/05), 907 So.2d 723, 726 , which held that "[w]here the objection is based on service outside the 90-day time limit of La. | 1 | 2012–2012 |
Matthews v. City of Bossier City
green
1 sentence2012Se Matthews, 963 So.2d 516 ; Gardner v. Cornett, 506 So.2d 967 (La.App. 3 Cir.), writ denied, 511 So.2d 1155 (La.1987). | 1 | 2012–2012 |
Harris v. Steele
neutral
1 sentence2012Se Matthews, 963 So.2d 516 ; Gardner v. Cornett, 506 So.2d 967 (La.App. 3 Cir.), writ denied, 511 So.2d 1155 (La.1987). | 1 | 2012–2012 |
Fitzgerald v. Tucker
green
1 sentence2012Finnie also sets forth the elements of a defamation claim as follows: “(1) a false and defamatory statement concerning another; (2) an unprivileged publication to a third party; (3) fault (negligence or greater) on the part of the publisher; and (4) resulting injury.” , Id., at 79 (quoting Fitzgerald v. Tucker, 98-2313, p. 10 (La.6/29/99), 737 So.2d 706, 715 ). | 1 | 2012–2012 |
Gardner v. Cornett
neutral
1 sentence2012Se Matthews, 963 So.2d 516 ; Gardner v. Cornett, 506 So.2d 967 (La.App. 3 Cir.), writ denied, 511 So.2d 1155 (La.1987). | 1 | 2012–2012 |
Hines v. Garrett
green
1 sentence2012Hines v. Garrett, 04-806, p. 1 (La.6/25/04), 876 So.2d 764, 765-66 . ■ In Finnie v. LeBlanc, 03-1013, p. 9 (La.App. 3 Cir. 3/10/04), 875 So.2d 71, 78 , (quoting Winn v. City of Alexandria, 96-492, p. 5 (La.App. 3 Cir. 11/20/96), 685 So.2d 281, 284 ), this court set forth the elements of a malicious prosecution claim: (1) the commencement or continuance of a criminal proceeding; (2) its legal causation by the present defendant against plaintiff, who was [the] defendant in the original ... proceeding; (3) its bona fide termination in favor of the present ... plaintiff; (4) the absence of probabl | 1 | 2012–2012 |
Finnie v. LeBlanc
green
1 sentence2012Hines v. Garrett, 04-806, p. 1 (La.6/25/04), 876 So.2d 764, 765-66 . ■ In Finnie v. LeBlanc, 03-1013, p. 9 (La.App. 3 Cir. 3/10/04), 875 So.2d 71, 78 , (quoting Winn v. City of Alexandria, 96-492, p. 5 (La.App. 3 Cir. 11/20/96), 685 So.2d 281, 284 ), this court set forth the elements of a malicious prosecution claim: (1) the commencement or continuance of a criminal proceeding; (2) its legal causation by the present defendant against plaintiff, who was [the] defendant in the original ... proceeding; (3) its bona fide termination in favor of the present ... plaintiff; (4) the absence of probabl | 1 | 2012–2012 |
Banken v. Locke
green
2 sentences2011Banken v. Locke, 136 La. 155 , 66 So. 763 (1914). *1282 The continuation of a criminal proceeding by the prosecution would be an impediment to a malicious prosecution claim against the party reporting the crime to the police. 2011Banken v. Locke, 136 La. 155 , 66 So. 763 (1914). *1282 The continuation of a criminal proceeding by the prosecution would be an impediment to a malicious prosecution claim against the party reporting the crime to the police. | 1 | 2011–2011 |
De Bouchel v. Koss Const. Co.
green
2 sentences2006In De Bouchel, 177 La. 841 , 149 So. 496 , the plaintiff asserted claims for false imprisonment and malicious prosecution. 2006In De Bouchel, 177 La. 841 , 149 So. 496 , the plaintiff asserted claims for false imprisonment and malicious prosecution. | 1 | 2006–2006 |
Dupree v. Ace Home & Auto
neutral
1 sentence1998Goodman v. Spillers, 28,933 (La.App.2d Cir.12/23/96), 686 So.2d 160 , writs denied, 97-0225, 97-0423 (La.03/27/97), 692 So.2d 393 , 400. | 1 | 1998–1998 |
Goodman v. Spillers
green
1 sentence1998Goodman v. Spillers, 28,933 (La.App.2d Cir.12/23/96), 686 So.2d 160 , writs denied, 97-0225, 97-0423 (La.03/27/97), 692 So.2d 393 , 400. | 1 | 1998–1998 |
Terro v. Chamblee
green
1 sentence1996Terro v. Chamblee, 95-70 (La.App. 3d Cir. 7/19/95), 663 So.2d 75 . | 1 | 1996–1996 |
| Aucoin v. Aetna Cas. & Sur. Co. green | 1 | 1995–1995 |
| Stark v. Eunice Superette, Inc. green | 1 | 1988–1988 |
| Glover v. Sowada neutral | 1 | 1988–1988 |
| Hibernia Nat. Bank of New Orleans v. Bolleter green | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.