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Tobias, a College Student, Was Waiting in Line to Purchase

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Tobias, a college student, was waiting in line to purchase a textbook at his campus bookstore.He first noticed Marnie, who was standing in a nearby aisle of books, because she is stunningly beautiful.As he watched her, however, he noticed that she was placing a book into her jacket pocket.It seemed to Tobias that Marnie was stealing the book.Xavier, a security guard who works in the store, saw Marnie and thought the same thing.Xavier immediately called over a police officer and explained his suspicion.The police officer then approached Marnie and told her that she was under arrest for theft.When she began to loudly protest her innocence, the officer asked the people in line if they had seen anything unusual.Tobias stepped forward, looked at Marnie, and said sweetly, "Now why would an angel come down here and steal a book?" Marnie, who resents constantly being the focus of unwanted male attention, snapped at Tobias, "Stay out of this, creep!" When it became clear that he would not be winning a date with Marnie, Tobias turned to the police officer and said, "Well, I can't be sure, but it looked to me like she was stealing something." Marnie was then charged with theft.Before the case could get to trial, however, she proved to the police that she had previously purchased the book in question, and that she had never stolen anything from the store.Marnie now wants to sue Tobias for malicious prosecution.She is embarrassed by the whole episode and deeply resents his role in her arrest.Explain whether or not she will succeed in that action.

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Marnie will not succeed in her claim of ...

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