Missouri Court of Appeals, Western District / Aug 18, 2020
Nicholas Demanule Daniels vs. Officer Ryan Terranova, et al.
Nicholas Daniels appealed the grant of summary judgment to several Columbia Police Officers on his malicious prosecution claim. The underlying criminal charges against Daniels for trespassing, assault of a law enforcement officer, and resisting arrest were dismissed by nolle prosequi. The appellate court affirmed summary judgment for the officers on the resisting arrest charge and for Sergeant Cornman on all claims. However, it reversed summary judgment for the remaining officers on the trespass and assault charges, finding genuine issues of material fact regarding probable cause and the prosecutor's intent to abandon the case, and remanded for further proceedings.