McKinney v. Okoye

An infant died while under the care of Carla McKinney, who operated a daycare center. Matthias Okoye, a pathologist who worked for Nebraska Forensic Medical Services (collectively, Appellees), reported in an autopsy report that the infant died of injuries from child abuse. McKinney was arrested and charged with felony child abuse, but the State later dropped the charges. McKinney sued Appellees for malicious prosecution. The district court dismissed McKinney's complaint, concluding that McKinney could not base an action for malicious prosecution on Okoye's statements because an absolute testimonial privilege shielded them. The Supreme Court reversed, holding that a person who gives information to a prosecutor that results in a criminal prosecution against another does not have an absolute privilege from liability for malicious prosecution. View "McKinney v. Okoye" on Justia Law