Intentional tort claim against governmental employee is dismissed
Fawaz Ghaith sued Don Rauschenberger, after the detective was involved in a case that resulted in Ghaith being charged with attempted extortion and other felonies. The case arose out of Ghaith's dispute with his wife over their children's residency in Jordan or the U.S. After the criminal trial resulted in a hung jury, Ghaith sued Rauschenberger, alleging a section 1983 violation of Ghaith's civil rights. Since the claim arose out of the detective's actions while on duty, and could not reasonably be based upon alleged malice, the detective was immune from liability for his actions. There being "extensive" grounds underlying probable cause for Ghaith's arrest, the detective could not sue for conspiracy to deny his civil rights.