Bozman v. Bozman

During a divorce proceeding, William Bozman (plaintiff) sued his wife Nancie (defendant) for malicious prosecution, alleging she fabricated multiple criminal charges — including stalking and protective-order violations — without probable cause, deliberately getting him repeatedly arrested in retaliation for his filing for divorce. Nancie moved to dismiss based on interspousal tort immunity, an old common-law doctrine barring one spouse from suing the other in tort. The trial court dismissed the suit, and the intermediate appellate court affirmed, though it noted the facts alone weren't extreme enough for malicious prosecution even setting immunity aside; William appealed further.