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Husband cannot sue wife for initiating unfounded abuse investigations

David Bloch attemted to sue his ex-wife, Irina, after she fought a custody dispute by initiating abuse investigations which were eventually deemed unfounded.  Even though Bloch had been arrested at least once, the Prosecutor had refused to charge him.  Even though a state statute reads that "every person who shall...cause or procure any other to be arrested, attached, or in any way proceeded against by any any manner...shall be liable to the person so arrested, attached or proceeded against in treble damages..." the Court held that David could no pursue a malicious prosecution claim against Irina.  The Court concluded that under the common law, a legal proceeding must be initiated to justify a "malicious prosecution" claim and that the above statute did not change the common law.
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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