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STATE OF MICHIGAN
COURT OF APPEALS


MICHELLE SOBCZAK, Plaintiff-Appellant, v ROGER KALINIAK, Defendant-Appellee.

UNPUBLISHED November 13, 1998

No. 203484 Kent Circuit Court LC No. 96-003123 NO

Before: Whitbeck, P.J., and Cavanagh and Neff, JJ. PER CURIAM. Plaintiff appeals as of right a circuit court order granting defendant summary disposition of plaintiff's claims for malicious prosecution, intentional infliction of emotional distress, and violation of her civil rights pursuant to 42 USC 1983. We affirm. I Plaintiff claims that defendant fabricated evidence to generate probable cause for an arrest warrant. Police had suspected plaintiff's sons of maliciously destroying property. When defendant, then a detective with the Walker city police department, interviewed plaintiff about the incident, she said she was having breakfast with one of her sons and his girlfriend at the time the crime occurred. Defendant maintains that plaintiff later recanted her statement, after he told her of his plan to interview the girlfriend. He submitted that information in his report to the prosecutor's office. An assistant prosecutor then issued a warrant charging plaintiff with accessory after the fact, a common-law crime punishable under MCL 750.505; MSA 28.773. Plaintiff contends that she never recanted the alibi and maintains that she did have breakfast with her son and his girlfriend. All charges were eventually dismissed against plaintiff and her sons. In addition to defendant's claim that plaintiff recanted her statement, his police report includes an interview with an eyewitness who stated that he saw plaintiff's sons at the scene when the crime occurred and an interview with the son's girlfriend, in which she denied going to breakfast with plaintiff. The record and the trial court's written opinion evince concern that defendant might have badgered the girlfriend into contradicting plaintiff's statement. Because we make all legitimate inferences in favor of -1

the nonmoving party when reviewing a grant of summary disposition, we will assume that the girlfriend's statement was coerced and unreliable. Skinner v Square D Co, 445 Mich 153, 161; 516 NW2d 475 (1994). Both parties agree that resolution of all three claims

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