Davis v. Smith

1 Citing case

  1. McClinton v. Delta Pride Catfish

    1999 CA 811 (Miss. 2001)   Cited 69 times
    Holding that because probable cause is an essential element of the tort of malicious prosecution, the existence of probable cause negates any claim for malicious prosecution under Mississippi law

    Harvill v. Tabor, 240 Miss. 750, 753-54, 128 So.2d 863, 864 (1961). See alsoEnlow v. Tishomingo County, 962 F.2d 501, 512 (5th Cir. 1992); Davis v. Smith, 749 So.2d 1186, 1187 (Miss.Ct.App. 1999). "When a party opposing summary judgment on a claim or defense as to which the party will bear the burden of proof at trial, fails to make a showing sufficient to establish an essential element of the claim or defense, then all other facts are immaterial and the moving party is entitled to judgment as a matter of law."