NINTH CIRCUIT AFFIRMS SUMMARY JUDGMENT FOR OFFICER IN FALSE ARREST AND MALICIOUS PROSECUTION CASE WHERE INVESTIGATING OFFICER HAD INTIMATE RELATIONSHIP WITH DEFENDANT’S WIFE

On August 19, 2007, Plaintiff called the police regarding an altercation with his elderly father-in-law. When police officers arrived, they saw the elderly father-in-law on the floor in a pool of blood. A broken glass candlestick holder was found nearby. The Plaintiff claimed that his father-in-law attacked him with a cane and that he had struck his father-in-law in self-defense. The father-in-law and mother-in-law told the police that the Plaintiff, without provocation, struck the father-in-law in the head with the candlestick holder. Continue reading