Shirley Johnson v. New Destiny Christian Center Church, Inc., et al.

After a two-day Bench Trial in a malicious prosecu­ tion action, the District Court altered video evidence, and ignored other “smoking gun” evidence. After al­ tering the evidence, the District Court misrepresented that Petitioner submitted the altered evidence which was insufficient to prove malice, and therefore denied punitive damages, but awarded de minimis compen­ satory damages. The Eleventh Circuit Court of Appeals affirmed the decision. Question 1: Whether the Due Process Clause of the Fourteenth Amendment permits a judgment to stand when the Court altered and misrepresented the one piece of evidence that it used to determine that malice was nonexistent; and ignored other “smoking gun” evidence which proved malice and lack of probable cause? Question 2: Whether filing a fabricated Com­ plaint constitutes malice. Question 3: Whether advice of counsel defense is valid when Defendants admitted under oath that they knew the allegations in their Complaint were false?