N Carolina court: Malicious prosecution lawsuit can continue

RALEIGH, N.C. (AP) — A North Carolina appeals court has ruled a lawsuit can continue alleging police officers fabricated evidence against a man who was later convicted of fraud before judges vacated his criminal judgment.

A state Court of Appeals panel unanimously reversed Tuesday some portions of a lower court decision throwing out the lawsuit filed by Phillip Braswell alleging malicious prosecution against him by Rocky Mount police officers and the deprivation of his constitutional rights.

Braswell was indicted based on accusations he defrauded his aunt and uncle out of more than $100,000, even though he provided records to an officer showing he had invested his relatives’ money in legitimate financial institutions he says sank with the Great Recession. Braswell alleges there was no evidence he had tried to deceive family members.