Texas Skaggs, Inc. v. Graves
Texas Court of Civil Appeals
582 S.W.2d 863 (Tex. Civ. App. 1979)
After her estranged husband unexpectedly drained her account, former Skaggs employee Graves (plaintiff) wrote two small checks totaling $34.70 that bounced, promptly promising to pay and mailing a money order to cover them within two weeks; a Skaggs manager (defendant) nonetheless filed a police report alleging intentional violation of the Hot Check Law, leading to Graves's arrest, and even after learning the checks had been paid, a Skaggs employee told the arresting officer he wanted her prosecuted regardless, though the case was ultimately dismissed for lack of evidence. A jury found Skaggs liable for malicious prosecution.
Whether a plaintiff may maintain a malicious prosecution action against a former employer who continued prosecuting her for a bad check after she had already paid what she owed.