Roberts v. Federal Express Corp.
Tennessee Supreme Court
842 S.W.2d 246 (1992)
Richard Roberts (plaintiff), a maintenance mechanic for Federal Express (FedEx) (defendant), had a nine-year practice of turning in valuable items he found among damaged packages. While in pain and on valium, Roberts placed a gold ring and silver spoon he'd found in his coat, napped, and then passed through an exit security scanner without his coat on, only afterward remembering the items and voluntarily reporting them to a guard. FedEx detained him for four hours, suspended him, and nine days later obtained a warrant charging him with grand larceny, though a grand jury later declined to indict him; Roberts sued FedEx for malicious prosecution, and the trial court granted FedEx summary judgment, finding it had probable cause, which the appeals court affirmed.
Whether, in determining if a plaintiff has stated a claim for malicious prosecution, the question of probable cause must be decided by a jury.