Kelley Richey, Petitioner v. Brookshire Grocery Co. D/b/a Super 1 Food Store, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals' reversal, holding that Brookshire Grocery Store had probable cause to initiate criminal prosecution against Kelley Richey, and therefore the malicious prosecution claim fails. The Court reasoned that probable cause is a question of law when the underlying facts are undisputed and that failure to fully disclose facts to police does not negate probable cause.