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Malicious prosecution is a common law intentional tort.Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
Thompson v. Clark, 596 U.S. ___ (2022), was a United States Supreme Court case concerning whether a plaintiff suing for malicious prosecution must show that they were affirmatively exonerated of committing the alleged crime.
In 1991, Matthew Miazga, a Crown prosecutor in Saskatchewan was asked to give pre-charge advice to police officers investigating a case of child abuse. Specifically, three siblings were making serious and bizarre claims of sexual abuse against their biological parents, their mother's boyfriend, their foster parents, Anita and Dale Klassen, and members of the Klassens' extended family.
“The prosecution resulted in his conviction for making false statements,” Riccio noted in a motion to dismiss a lawsuit filed by Nucera in December 2023. Nucera's attorney, Richard Wiener ...
Six months after being cleared of criminal charges in the "Rust" shooting death, actor Alec Baldwin has filed a suit alleging malicious prosecution and defamation by New Mexico prosecutors and law ...
Alec Baldwin has brought a lawsuit against the district attorney and other officials in Santa Fe, New Mexico alleging he was wrongfully prosecuted for manslaughter.. The 30 Rock actor, 66, stood ...
That finding allowed the appeal court to conclude that a causal link sufficient to support Van der Vyver's claim of malicious prosecution had not, on the probabilities, been proved. In arriving at this conclusion, the court was confronted with a Constitutional Court decision concerning a claim for damages from a prisoner who had contracted ...
A Lexington man previously arrested for murder charges has filed a federal lawsuit against a Lexington Police Department detective for malicious prosecution and claims she violated his ...
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