Victory in Civil Court - Defending a Malicious Prosecution

In Lorretta Holm, et al., v. Deer Lake Dam Association, Inc., et al., the plaintiffs sued multiple defendants on a theory of malicious prosecution.  Plaintiffs claimed that they sustained damages due to their having been arrested by the Grundy County Sheriff’s Office based on complaints made by the defendants.

Representing a number of the defendants, Joe Namikas filed a motion to dismiss plaintiffs’ Complaint on the grounds that the defendants were protected by the doctrine of qualified immunity.  Judge Troy Holland of the LaSalle County Circuit Court agreed finding that merely making a complaint which is later independently confirmed, acted upon and prosecuted by law enforcement agencies was not grounds for recovery for malicious prosecution.  Judge Holland granted Joe’s motion and dismissed the case against Joe’s clients with prejudice which means that if the plaintiffs want to pursue their case further they have to appeal Judge Holland’s decision to the Illinois Appellate Court.  For now, the case is over.