5th Circ. Nixes Malicious Prosecution Case Against Ex-Judge

Law360, Houston (April 20, 2017, 7:27 PM EDT) -- A process server who was ordered arrested for allegedly disrupting proceedings by the Texas state district court judge he was trying to serve lost a bid to revive his federal malicious prosecution claim when the Fifth Circuit sided with the trial court and dismissed them.

Stephen Hartman brought the lawsuit against former Judge Layne Walker following the May 2013 incident in which he tried to serve the judge while he was presiding at the Jefferson County courthouse. Hartman was arrested for "disrupting court proceedings by noise," a violation of Texas Penal Code 38.13. The incident was captured by a pen recorder...

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