Ruling says lawsuit can continue against police detective
LOUISVILLE, Ky. (AP) – The 6th U.S. Circuit Court of Appeals has ruled that a woman exonerated of a murder after serving eight years in prison can continue with a lawsuit that accuses a Kentucky State Police detective of malicious prosecution.
The ruling on Monday reverses a decision by the U.S. District Court, which granted summary judgment to the detective.
In the lawsuit, Susan Jean King said that Detective Todd Harwood lied to a judge to get a warrant to search her house and then omitted key evidence, including ballistics results and the fact that she had only one leg, when he testified before the grand jury that indicted her for the 1998 slaying of Kyle “Deanie” Breeden.
The appeals court held that the suit was filed in a timely manner and that King raised “genuine issues of material fact” sufficient to overcome a motion for summary judgment based on Harwood’s claim of immunity.