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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.
Miazga v Kvello Estate, 2009 SCC 51 is a leading decision of the Supreme Court of Canada on how the tort of malicious prosecution applies to Crown attorneys and other public prosecutors. Specifically, the court held that there is no requirement for a public prosecutor to have a subjective belief that an accused person is actually guilty.
Malicious prosecution – Similar to abuse of process, but includes intent, pursuing without probable cause, and dismissal in favor of the victim. In some jurisdictions, malicious prosecution is reserved for the wrongful initiation of criminal proceedings, while malicious use of process refers to the wrongful initiation of civil proceedings.
In a victory for people falsely accused by police of crimes, the Supreme Court removed a barrier Monday to lawsuits against law enforcement for malicious prosecution. The 6-3 ruling means that ...
A court date set for Cal Harris' federal lawsuit against Tioga County officials and state police to go to trial has been postponed until the spring.. The lawsuit, which was originally filed in ...
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
A federal judge in Michigan has dismissed former Mount Carmel West Hospital doctor William Husel's lawsuit accusing the hospital's parent company of malicious prosecution.. Husel had accused ...
The defendants also urged that the traditional common law tort of malicious prosecution should be instructive, as that cause of action required a plaintiff, following acquittal, to show that the criminal action was begun without probable cause for charging the crime in the first place.