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Bozman v. Bozman

Court of Appeals of Maryland
830 A.2d 450 (2003)


Facts

After 32 years of marriage, William Bozman (plaintiff) filed a petition seeking a divorce from his wife, Nancie Bozman (defendant), on the ground of adultery. Before the divorce was finalized, however, William filed a complaint against Nancie for malicious prosecution, alleging that Nancie falsely filed a number of criminal charges against William, including stalking, harassment, and multiple counts of violating a protective order, which resulted in William’s arrest on several occasions. William argued that the criminal charges were brought without probable cause and deliberately fabricated to ensure that William would be arrested in retaliation for filing the divorce petition. Nancie filed a motion to dismiss the malicious-prosecution complaint, claiming that the complaint was barred by the doctrine of interspousal tort immunity. The trial court dismissed the complaint. William appealed. The intermediate appellate court affirmed the judgment of the trial court and noted that William’s multiple arrests and incarcerations were not sufficiently extreme or outrageous to warrant the claim of malicious prosecution. William appealed. The Court of Appeals of Maryland granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Bell, C.J.)

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