Tag Archives: Arrest Warrant

Tort/Negligence – Malicious Prosecution – Public Official Immunity – Arrest Warrant – Probable Cause – Teacher Touching Students (access required)

Beeson v. Palombo Police Captain McKenzie informed a magistrate that the plaintiff-teacher had “touched [the] breast area” of two minor female students even after at least one of the students had covered herself with her arms and asked plaintiff not to touch her. This is certainly enough for a reasonable person to conclude that an offense had been committed and that plaintiff was the perpetrator. This finding of probable cause is not affected by defendant McKenzie’s failure to inform the magistrate that the minors and their parents may not have considered the matter criminal or that someone from the district attorney’s office thought there was not enough evidence to proceed with criminal charges.

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