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December 16, 2016

Third time’s a charm for the dismissal of Appellant Trisha Ann Williams’ negligence and malicious prosecution against Appellees Randy Cline and Keith McCormick, represented by Bill Hoback in Trisha Ann Williams v. Randy Cline and Keith McCormick.  Williams alleged negligence and malicious prosecution against Appellees after she was arrested and charged with first degree trafficking of a controlled substance, claiming her arrest was a mistake.  The trial court granted summary judgment in favor of Appellees three times, the Court of Appeals remanded twice, and affirmed the most recent dismissal. 

Williams entered into a dismissal agreement with the appellees which was a defense to the malicious prosecution claim if three factors were established: (1) the agreement was voluntary; (2) there was no evidence of prosecutorial misconduct; and (3) enforcement of the agreement would not adversely affect relevant public interests. See Coughlen v. Coots, 5 F.3d 970 (6th Cir. 1993)). Based on evidence addressing the Coughlen factors, and the objective and subjective components of good faith necessary to establish entitlement to qualified official immunity, the Court of Appeals affirmed summary judgment on both the malicious prosecution claim and the negligence claim, dismissing the case in its entirety. 

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