Day on Torts

Malicious prosecution liability affirmed; Defendant supplied false or misleading information

Civil liability for malicious continuation of prosecution can be based on a defendant “procur[ing] the continuation of a criminal prosecution by knowingly feeding the prosecutor false or misleading information[.]”

In Cole v. Skin RN Aesthetics, LLC, No. M2022-01555-COA-R3-CV (Tenn. Ct. App. July 22, 2024), plaintiff worked at defendant med spa. The med spa owner, Ms. Taylor, alleged that items disappeared after plaintiff began working. One day, Ms. Taylor noticed that two vials of botox were missing, so she checked plaintiff’s purse. The purse contained the two vials of Botox plus wipes, syringes, and saline. The purse also held a loaded handgun.

Ms. Taylor called the police, and plaintiff was arrested and changed with theft. At her criminal trial, plaintiff was acquitted.

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