This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Malicious Prosecution Agency. For more information about malicious prosecution see the pages on Wikipedia.
1950 Manuel v. Cassada, 190 Va. 906, 59 S.E.2d 47.
Although employee does not have expressed authority to swear out warrant, if he had implied authority, then agency relationship will be found to exist. Trend is against holding principal liable when arrest has been made after supposed crime has been committed and arrest is not in protection of property.
1948 Norfolk Bus Term. v. Sheldon, 188 Va. 288, 49 S.E.2d 338.
Defendant special police officer arrested plaintiff on traffic charge. Jury issue presented as to whether defendant in scope of employment.
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