Former Mingo City Clerk Defamation Case Dismissed
DES MOINES, Iowa (AP) - The Iowa Court of Appeals says the former city clerk of Mingo cannot sue city and Jasper County officials for malicious prosecution, false arrest or defamation.
Amy Berkey was charged with theft and misconduct in November 2008 after officials investigated allegations missing deposits based on a state audit that found several problems including poor record-keeping. A state prosecutor, citing insufficient evidence, dropped the charges in 2009.
Berkey sued the city, Jasper County and officials but a district court judge dismissed the lawsuit. Berkey appealed.
The appeals court justices on Wednesday upheld dismissal saying there was probable cause for Berkey's arrest, foreclosing the malicious prosecution and false arrest claims. The justices also say the officials did not defame her because statements were made in good faith as part of the investigation.
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