Following Unanimous Ruling by the Tennessee Court of Appeals, Horwitz Law, PLLC Client Kenneth Mynatt Wins Malicious Prosecution Appeal
In an opinion issued September 28, 2021, the Tennessee Court of Appeals has ordered that Horwitz Law, PLLC appellate client Kenneth Mynatt’s malicious prosecution and civil conspiracy claims be reinstated. The Court’s unanimous ruling, authored by Judge Thomas R. Frierson, explains that the retirement of a criminal charge does not categorically preclude a subsequent civil malicious prosecution claim under Tennessee law, because the retirement of a criminal charge is not necessarily a compromise resolution or a final termination of proceedings. The ruling creates important and controlling precedent in Tennessee regarding when civil malicious prosecution claims may be filed after criminal charges have been retired. Accordingly, Mr. Mynatt’s lawsuit will be allowed to move forward.
“In this matter, Mr. Mynatt asserted unambiguously in his complaint that he had refused all ‘deals’ or agreements with the District Attorney concerning his criminal charges,” the Court’s opinion explains. “Mr. Mynatt claimed that he was innocent of the charges and that the District Attorney was made aware of his claim that the evidence against him had been falsified.” “Significantly, the retirement of the charges brought against Mr. Mynatt [also] was not the final disposition or termination of those charges,” and “Mr. Mynatt maintained his innocence regarding the charges throughout the complaint.” Further, the Court’s opinion explains, “if the charges against him were dismissed because of a lack of proof of his guilt, then such a termination would clearly be as favorable as” other dispositions that may sustain a malicious prosecution claim. “We therefore conclude that the trial court’s judgment granting Defendants’ motion to dismiss must be reversed.”
Malicious prosecution claims are notoriously difficult to win in Tennessee. They are not impossible, however, and allegations like Mr. Mynatt’s can sustain them. “We are proud to have represented Mr. Mynatt on appeal and to have won him a unanimous reversal that permits his claims to move forward,” said Horwitz Law, PLLC principal Daniel A. Horwitz, who represented Mr. Mynatt along with Horwitz Law attorney Lindsay Smith.
Read the Tennessee Court of Appeals’ unanimous ruling in Kenneth J. Mynatt v. National Treasury Employees Union, Chapter 39 et al., here. Mr. Mynatt’s briefing in the case is available below.
– Principal Brief of Appellant Kenneth J. Mynatt
– Reply Brief of Appellant Kenneth J. Mynatt
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As part of Horwitz Law, PLLC’s appellate practice, Horwitz Law has successfully represented appellate clients in high-stakes, high-profile appeals before the United States Court of Appeals for the Sixth Circuit, the Tennessee Supreme Court, the Tennessee Court of Appeals, the Tennessee Supreme Court Special Workers’ Compensation Appeals Panel, and in administrative agency appeals to Davidson County Chancery Court. Horwitz Law also provides amicus curiae representation in both state and federal appellate courts. If you are seeking appellate representation, you can purchase a consultation from Horwitz Law here.