The applicant police officer brought a motion under Rules 21.01(1)(b) and 20 of the Rules of Civil Procedure to dismiss a civil action against her.
The self‑represented plaintiff alleged the officer provided false testimony at his criminal trial, which followed allegations made by another defendant.
The court applied the test for striking pleadings that disclose no reasonable cause of action, assuming the pleaded facts to be true.
The damages alleged were tied to the commencement of the criminal prosecution rather than the impugned testimony, and the claim had no reasonable prospect of success.
The action against the applicant was dismissed, while the claim continued against other defendants.
