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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.
Regents of the University of California v. Superior Court of Los Angeles County , 4 Cal. 5th 607, 413 P.3d 656 (2018), was a case in which the Supreme Court of California held that universities owe a duty to protect students from foreseeable violence during curricular activities.
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 ...
Steven Raiser, defense attorney for Marine veteran Daniel Penny, told Fox News that his team is weighing a malicious prosecution charge against DA Alvin Bragg and others.
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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.
The University of California at Los Angeles Medical Center, a research and education hospital, admitted Hugo Tunkl for treatment of a condition related to a particular condition under study at the time. As a condition of being admitted for treatment, the hospital required that Tunkl sign a contract that included the following provision: