cheney vs. cheny
Jan 01, 2010OUTCOME: the trial court found that plaintiff should prevail on his malicious prosecution and abuse of process claims, and awarded plaintiff damages in the amount of $17,107.99.
In October of 2010, plaintiff informed defendant that he intended to file for divorce. He also told her that he intended to file a motion for exclusive use of the marital home during the divorce proc ... eedings. On October 8, 2010, the day after she had been served with plaintiff’s complaint for divorce, defendant contacted the Dearborn Police Department and alleged that plaintiff assaulted her. Plaintiff was arrested and spent three days in jail. Following a subsequent jury trial in district court, plaintiff was acquitted of domestic assault. On October 15, 2010, plaintiff filed an amended complaint for divorce, raising claims against defendant for malicious prosecution, abuse of process, and intentional infliction of emotional distress. Plaintiff alleged that defendant fabricated her allegations of domestic assault in retaliation for plaintiff’s initiation of the divorce proceedings. He contended that defendant’s false allegations damaged his reputation, caused embarrassment, and caused him to suffer severe emotional distress. The case proceeded to trial in September 2011. Following the parties’ testimony, the trial court found that defendant’s allegations of domestic assault against plaintiff lacked credibility, and that she “clearly and knowingly perjured her testimony, lied under oath repeatedly, and had her testimony successfully impeached several times.”
