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Torts — malicious prosecution — dismissal

Wisconsin Court of Appeals


Torts — malicious prosecution — dismissal

Scott Hambly appeals from an order dismissing his small claims action against Kristofer M. Lewis. Hambly previously appealed the dismissal of the same small claims action. We construed his complaint as stating a claim for malicious prosecution and reversed. See Hambly v. Lewis, No. 2012AP710, unpublished slip op. ¶1 (WI App Aug. 15, 2012). On remand, Lewis moved to dismiss. At the motion hearing, Hambly agreed that the court had found probable cause in the underlying criminal case. The circuit court dismissed Hambly’s complaint for failure to state a claim upon which relief can be granted. We affirm. This opinion will not be published.

2013AP483 Hambly v. Lewis

Dist II, Washington County, Williams, J., Neubauer, P.J.

Attorneys: For Appellant: Hambly, Scott, pro se; For Respondent: Hetzel, Ryan J., West Bend

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