Williams v. Crews

• Decision Date: 04 November 1977
• Docket Number: No. 76-1998,76-1998
• Citation: 564 F.2d 263
• Parties: Marion Edward WILLIAMS, Appellant, v. Paul H. CREWS et al., Appellees.
• Court: U.S. Court of Appeals — Eighth Circuit

Page 263

564 F.2d 263

Marion Edward WILLIAMS, Appellant, v. Paul H. CREWS et al., Appellees.

No. 76-1998.

United States Court of Appeals Eighth Circuit.

Submitted Sept. 14, 1977.

Decided Nov. 4, 1977.

Donald A. Wine, Des Moines, Iowa, argued and on brief, for appellant.

Roger Hudson (argued), William Wimer, and Fred Haskins, Asst. Attys. Gen., Des Moines, Iowa, on brief, for appellees.

Before VAN OOSTERHOUT, Senior Circuit Judge, STEPHENSON, Circuit Judge, and MARKEY, Chief Judge. ^*

VAN OOSTERHOUT, Senior Circuit Judge.

This is a timely appeal by plaintiff Williams from final judgment dismissing his complaint and from all adverse rulings. Plaintiff on January 2, 1974, filed a complaint against Paul H. Crews, Secretary-Director of the Iowa Board of Pharmacy Examiners Thomas D. Hill, an investigator for the Board, and Thomas W. Kenefick, Dwight E. Fry and Charles A. Hughes, members of the Iowa Board of Pharmacy Examiners. Such defendants are sued in both their individual and official capacities. Plaintiff is a Black licensed Iowa pharmacist operating a drug store in Des Moines, Iowa. The original complaint seeks damages for violation of plaintiff's constitutional rights under 42 U.S.C. §§ 1983 and 1985. Jurisdiction is based on 28 U.S.C. § 1343(3).

On March 6, 1975, plaintiff filed an amendment to his complaint adding Counts II and III based on pendent jurisdiction. Count II is based on malicious prosecution in the state court and Count III is based on malicious prosecution in the federal court. The basis of plaintiff's action was his assertedly wrongful prosecution for violation of state and federal drug control acts. Plaintiff was tried to a jury on criminal charges, first in the federal court and thereafter in the state court. Plaintiff was acquitted in each instance.

Plaintiff's cause of action now before us was tried to a jury, commencing on August 23, 1976. At the close of plaintiff's evidence, plaintiff voluntarily dismissed his Count III claim based on malicious prosecution in the federal court. Count I, the civil rights claim, and Count II, the state malicious prosecution claim, were submitted to the jury. On the civil rights claim, the jury found against the plaintiff and in favor of the defendants. On the malicious prosecution claim, the jury found for the plaintiff and against all defendants. The jury determined that the plaintiff had suffered no damages.

Defendants filed motion for directed verdict on all counts at the close of the plaintiff's evidence and again at the close of all of the evidence. The court expressed grave doubt with respect to the sufficiency of the evidence to support a verdict but under the policy approved in this circuit submitted the case to the jury. Defendants filed a timely motion for judgment n. o. v. on Count II, including therein the following grounds: (1) no evidence to establish that the prosecution was instigated or procured by defendants; (2) no evidence that there was a lack of probable cause for the state prosecution; (3) no evidence of any malice on the part of the defendants.

Plaintiff filed a timely motion for new trial on the issue of damages as to Count II, and alternatively for a new trial on all issues. The trial court sustained the motion for judgment n. o. v. on the malicious prosecution count, stating the applicable law as follows:

Because defendants are public officials of the State of Iowa, there must be a finding of "actual malice". "Actual malice" cannot simply be inferred from lack of probable cause, but must be the subject of an affirmative showing by the plaintiff that defendant's instigation of criminal proceedings was primarily inspired by ill-will, hatred or other wrongful motives. If the defendant's purpose in instigating proceedings was otherwise proper, the fact he felt indignation or resentment toward the plaintiff will not subject him to liability.

The court then determined:

There was no evidence tending to show any of the defendants acted toward plaintiff because of actual malice as so defined. Defendants are entitled to have judgment rendered in their favor. Vander Linden v. Crews (Iowa 1975), 231 N.W.2d 904.

The court denied plaintiff's motion for a new trial, stating that the record supported a finding that plaintiff sustained no actual damages. Additionally, the court determined that the sustaining of the motion for judgment n. o. v. dispensed with any necessity for considering the damage issue.

We have carefully examined the transcript of the evidence, consisting of 482 pages, the extensive exhibits, and the entire record. We are convinced that the court properly sustained the motion for judgment n. o. v. on Count II for the reasons stated by the trial court and for the reasons hereinafter set out. The sustaining of the motion for judgment n. o. v. on Count II affords an adequate basis in and of itself for overruling the motion for new trial on the damage issue.

The critical threshold issue presented by this appeal is whether plaintiff has established each of the essential elements of a malicious prosecution action. The parties appear to be in agreement as to the basic applicable law. In any event, we find such law to be well established.

Federal district courts in deciding a pendent state claim for malicious prosecution apply the law of the state as pronounced by the highest court of the state. Mullaney v. Wilbur, 421 U.S. 684, 691, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975); Pergola v. Pennsylvania Railroad Co., 311 F.2d 837, 838 (6th Cir. 1963). Iowa law is clear as to the elements necessary to support an action for malicious prosecution. They are:

(1) A previous prosecution.

(2) Instigation or procurement thereof by defendant.

(3) Termination of the prosecution by an acquittal or discharge of plaintiff.

(4) Want of probable cause.

(5) Malice in bringing the prosecution on the part of the defendant.

(6) Damage to plaintiff.

Sarvold v. Dodson, 237 N.W.2d 447, 448 (Iowa 1976); Vander Linden v. Crews, 231 N.W.2d 904, 905 (Iowa 1975).

In Vander Linden v. Crews, 205 N.W.2d 686 (Iowa 1973), the Iowa Supreme Court reversed a summary judgment for Crews, who is the same person as the defendant Crews in the present action, solely upon the basis of judicial immunity. The court held that the doctrine of judicial immunity should not be extended to shield a nonjudicial officer from civil suits where actual malice was alleged. After trial upon remand, the Iowa court reversed a judgment against Crews, holding that the trial court erred in refusing to direct a verdict for Crews on the ground that the plaintiff had failed to prove actual malice. The court held:

Actual malice is synonymous with express malice, which has been defined as "malice in ill-will, or wrongful motive . . ." Black's Law Dictionary, 4th Ed., 1968, p. 1109. See Giltner v. Stark, 219 N.W.2d 700, 708 (Iowa 1974). The element of actual malice essential to an action for malicious prosecution involving a defendant who is a public official cannot simply be inferred from a lack of probable cause, but must be the subject of an affirmative showing defendant's instigation of criminal proceedings against plaintiff was primarily inspired by ill-will, hatred or other wrongful motives. If the defendant's purpose in instigating proceedings was otherwise proper, the fact he felt indignation or resentment toward the plaintiff will not subject him to liability. See Prosser on Torts, 4th Ed., § 119, pp. 847-848.

Vander Linden v. Crews, 231 N.W.2d 904, 906 (Iowa 1975).

In our present case we agree with the trial court's determination that the record contains no evidence to support a finding that the criminal proceedings were primarily inspired by ill-will, hatred or...