Carter v. Bryant

Syllabus

Following the nolle pros dismissal of an assault and battery of a high and aggravated nature (ABHAN) charge against him, Russell Shane Carter sued former York County Sheriff Bruce Bryant, in his official capacity as York County Sheriff, for false arrest and malicious prosecution. The trial court directed a verdict for Bryant on the false arrest claim but let the malicious prosecution claim proceed. The jury awarded Carter $150,000 actual damages. Both sides now appeal. Carter appeals the directed verdict against him on his false arrest claim and the exclusion of his expert witness. We affirm these rulings. Bryant raises several issues on appeal, including the fundamental one that the trial court should have granted him a judgment notwithstanding the verdict (JNOV) on Carter's malicious prosecution claim because the only reasonable inference from the evidence was that there was probable cause to arrest Carter. We agree with Bryant and, therefore, reverse the judgment against him.