Kyle Zoellner v. Eric Losey

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KYLE CHRISTOPHER ZOELLNER, Case No. 18-cv-04471-JSC

Plaintiff,

ORDER RE: LACK OF PROBABLE

v. CAUSE ELEMENT

ERIC LOSEY, Re: Dkt. Nos. 372, 381 Defendant.

12 This action arises out of the stabbing death of David Josiah Lawson on April 15, 2017, in Arcata, California. Kyle Zoellner was arrested and charged with Mr. Lawson’s murder. However, following a preliminary hearing that began 10 business days after the district attorney filed the charge, a state court judge found that the district attorney had not proved probable cause to hold Mr. Zoellner for trial and dismissed the murder charge without prejudice. Mr. Zoellner thereafter initiated this action. After the district judge previously assigned to this case ruled on Defendants’ motion for summary judgment, the claim remaining for the upcoming trial was Mr. Zoellner’s malicious prosecution claim against former Arcata Police Detective Eric Losey. One element of that claim…